Biosecurity Act 2014

Biosecurity Act 2014

An Act to provide for a comprehensive biosecurity framework to manage the impacts of animal and plant diseases and pests in a timely and effective way and ensure the safety and quality of animal feed, fertilisers and other agricultural inputs

(a)establishes a scheme for payment of statutory compensation for particular damage or loss arising from action taken under this Act; and

(b)deals with the effect of industry compensation schemes on statutory compensation.

(12)Chapter 12
deals with evidence, legal proceedings and the review of decisions made under the Act
.

(13)Chapter 13
provides for the giving of biosecurity orders to persons to deal with biosecurity risks.

(14)Chapter 14
empowers the State to enter into agreements with other jurisdictions, local governments, industry bodies and natural resource management bodies to achieve the purposes of, and ensure compliance with, this Act.

(15)Chapter 15
provides for an accreditation scheme to enable convenient and efficient compliance with, or exemption from, particular requirements of this Act.

(a)to provide a framework for an effective biosecurity system for Queensland that—

(i)helps to minimise biosecurity risks; and

(ii)facilitates responding to impacts on a biosecurity consideration, including responding to biosecurity events, in a timely and effective way;

(b)to ensure the safety and quality of animal feed, fertilisers and other agricultural inputs;

(c)to help align responses to biosecurity risks in the State with national and international obligations and requirements for accessing markets for animal and plant produce, including live animals and plants.

(2)It is also a purpose of this Act to manage risks associated with the following—

(a)emerging, endemic and exotic pests and diseases that impact on—

(i)plant and animal industries, including agriculture, aquaculture, horticulture, fisheries and forestry industries; or

(ii)the built environment; or

(iii)companion or leisure animals; or

(iv)biodiversity and the natural environment; or

(v)tourism, lifestyle and pleasure industries; or

(vi)infrastructure and service industries, including power, communication, shipping and water supplies;

(b)the transfer of diseases from animals to humans and from humans to animals;

(c)biological, chemical and physical contaminants in carriers.

(3)In this section—

built environment means the environment, but having particular regard to the qualities and characteristics of locations, places and areas arising out of the existence of buildings and other examples of human activity.

5How purposes are primarily achieved

The purposes of this Act are to be achieved primarily by—

(a)imposing a general obligation on persons to prevent or minimise the impact of biosecurity risks on human health, social amenity, the economy and the environment (each a biosecurity consideration); and

(c)including in risk-based decision-making under this Act the principle that lack of full scientific certainty should not be used as a reason to postpone taking action to prevent a biosecurity event or to postpone a response to a biosecurity risk; and

(d)providing for flexible and timely ways of minimising and mitigating biosecurity risks; and

(e)providing for monitoring and enforcement of compliance with this Act; and

(f)providing for codes of practice relating to a person’s obligations under this Act; and

(g)providing for the chief executive to make guidelines or policies about the application of this Act and how a person may comply with obligations imposed under this Act; and

(h)providing for a framework that improves the capacity of local governments, industry and the community generally to respond to biosecurity risks.

Part 3Application and operation of Act

6Scope of Act generally

This Act includes within its scope—

(a)acts and omissions on or in land and waters of the State in relation to biosecurity matter that may pose a biosecurity risk; and

(b)any dealing with prohibited matter, restricted matter or carriers that may pose a biosecurity risk.

7Act binds all persons

(1)This Act binds all persons, including the State and, to the extent the legislative power of the Parliament permits, the Commonwealth and the other States.

(2)However, the Commonwealth or a State can not be prosecuted for an offence against this Act.

8General application of Act to ships

(1)This section states the application of this Act to ships in Queensland waters and ships in waters beyond the outer limit of Queensland waters (other waters).

(2)This Act applies to—

(a)a ship in Queensland waters; and

(b)to the extent this Act applies in other waters, including, for example, under the Crimes at Sea Act 2001
—a ship in other waters if the ship is travelling from a place in Queensland to another place in Queensland.

(3)This Act does not apply to—

(a)a ship in other waters if the ship is travelling from a place outside of Queensland to another place outside of Queensland; or

(b)a ship of the Australian Defence Force or of a defence force of another country.

9Relationship with particular Acts

(1)This Act is in addition to, and does not limit, any other Act.

(2)If this Act is inconsistent with an Act as follows, that Act prevails, but only to the extent of the inconsistency—

(3)Subject to subsection (4), this Act does not affect the application of a relevant Act.

(4)A person who does an act authorised under chapter 6
, part 1
or 2 or an inspector, a person directed by an inspector or a person authorised by an inspector who takes steps under chapter 10
, part 3
is taken not to commit an offence against a relevant Act only because of doing the act or taking the steps.

No provision of this Act creates a civil cause of action based on a contravention of the provision.

11Act does not affect other rights or remedies

(1)This Act does not affect or limit a civil right or remedy that exists apart from this Act, whether at common law or otherwise.

(2)Without limiting subsection (1), compliance with this Act does not necessarily show that a civil obligation that exists apart from this Act has been satisfied or has not been breached.

12Community involvement in administration of Act

This Act is to be administered, as far as practicable, in consultation with, and having regard to the views and interests of, public sector entities, local governments, industry, Aborigines and Torres Strait Islanders under Aboriginal tradition and Island custom, interested groups and persons and the community generally.

Part 4Interpretation

Division 1Dictionary

13Definitions

The dictionary in schedule 4
defines particular words used in this Act.

(b)has had, is having or may have a significant adverse effect on a biosecurity consideration; and

(c)was or is being caused by, or may be or may have been caused by, biosecurity matter.

Examples—

1A horse has died and it has been confirmed that the death was caused by the Hendra virus infection. This may have a significant adverse effect on human health.

2There has been a suspected outbreak of foot and mouth disease in another State that may spread to the State and may have a significant adverse effect on the economy.

15What is biosecurity matter

(1)Biosecurity matter is—

(a)a living thing, other than a human or part of a human; or

(b)a pathogenic agent that can cause disease in—

(i)a living thing, other than a human; or

(ii)a human, by the transmission of the pathogenic agent from an animal to the human; or

(c)a disease; or

(d)a contaminant.

(2)If biosecurity matter has a life cycle, a reference in this Act to the biosecurity matter includes a reference to the biosecurity matter at each stage of its life cycle.

Examples of stages of the life cycle for particular biosecurity matter—

egg, larva, pupa, adult

(3)If schedule 1
or 2
, a prohibited matter regulation, a restricted matter regulation, a biosecurity zone regulatory provision or a movement control order states a common name for biosecurity matter, it is sufficient in a provision of this Act to refer to the biosecurity matter by the common name.

16What is a biosecurity risk

A biosecurity risk is a risk of any adverse effect on a biosecurity consideration caused by, or likely to be caused by—

(a)biosecurity matter; or

(b)dealing with biosecurity matter or a carrier; or

(c)carrying out an activity relating to biosecurity matter or a carrier.

17What is a carrier

(1)A carrier is any animal or plant, or part of any animal or plant, or any other thing—

(a)capable of moving biosecurity matter attached to, or contained in, the animal, plant or other thing from a place to another place; or

(b)containing biosecurity matter that may attach to or enter another animal or plant, or part of another animal or plant, or another thing.

(2)In this section—

thing—

(a)means a thing, whether alive, dead or inanimate; and

(b)includes a human.

18What is a contaminant

(1)A contaminant is anything that may be harmful to animal or plant health or pose a risk of any adverse effect on a biosecurity consideration.

(2)The presence of a contaminant in a carrier may be harmful to any animal or plant, or part of an animal or plant, that the carrier attaches to or enters.

Prohibited matter is biosecurity matter that, for the time being, is established as prohibited matter under chapter 2
.

20Prohibited matter criteria

Biosecurity matter satisfies the prohibited matter criteria if—

(a)the biosecurity matter is not currently present or known to be present in the State; and

(b)there are reasonable grounds to believe that if it did enter the State or part of the State the biosecurity matter may have a significant adverse effect on a biosecurity consideration.

Example of significant adverse effect on a biosecurity consideration—

The entry of particular biosecurity matter into the State may have a significant adverse effect on the economy if, for the purposes of trade in or market access for a product, there were to be imposed a requirement to prove that the product is free from the biosecurity matter.

21What is restricted matter

(1)Restricted matter is biosecurity matter that, for the time being, is established as restricted matter under chapter 2
.

(2)Restricted matter has the category number or numbers assigned to it in schedule 2
or in the restricted matter regulation that, under chapter 2
, provides for its establishment as restricted matter.

(3)A reference in this Act to restricted matter of a particular category number is a reference to restricted matter that is assigned that category number in schedule 2
or the restricted matter regulation.

22Restricted matter criteria

Biosecurity matter satisfies the restricted matter criteria if—

(a)the biosecurity matter is currently present in the State; and

(b)there are reasonable grounds to believe that, if restrictions under this Act are not imposed on the biosecurity matter to reduce, control or contain it, it may have an adverse effect on a biosecurity consideration.

Chapter 2Significant obligations and offences

Part 1General biosecurity obligation

23What is a general biosecurity obligation

(1)This section applies to a person who deals with biosecurity matter or a carrier, or carries out an activity, if the person knows or ought reasonably to know that the biosecurity matter, carrier or activity poses or is likely to pose a biosecurity risk.

(2)The person has an obligation (a general biosecurity obligation) to take all reasonable and practical measures to prevent or minimise the biosecurity risk.

(3)Also, the person has an obligation (also a general biosecurity obligation)—

(a)to prevent or minimise adverse effects on a biosecurity consideration of the person’s dealing with the biosecurity matter or carrier or carrying out the activity; and

(b)to minimise the likelihood of causing a biosecurity event, or to limit the consequences of a biosecurity event caused, by dealing with the biosecurity matter or carrier or carrying out the activity; and

(c)not to do or omit to do something if the person knows or ought reasonably to know that doing or omitting to do the thing may exacerbate the adverse effects, or potential adverse effects, of the biosecurity matter, carrier or activity on a biosecurity consideration.

Examples of things that may exacerbate the adverse effects, or potential adverse effects, of biosecurity matter, a carrier or an activity—

•failing to isolate an infected animal from a herd

•failing to wash footwear before leaving a property on which anthrax is present

•failing to take reasonable steps to reduce contaminants in plants and animals, including, for example, by allowing designated animals (not including bees) to graze on land contaminated with heavy metals or by using water that may contain a contaminant to irrigate crops

•failing to manage the impact of invasive plants and animals on a person’s land

24General biosecurity obligation offence provision

(1)A person on whom a general biosecurity obligation is imposed must discharge the obligation.

Maximum penalty—

(a)if the offence is an aggravated offence—3,000 penalty units or 3 years imprisonment; or

(b)if the offence is not an aggravated offence—

(i)for a breach in relation to prohibited matter—1,000 penalty units or 1 year’s imprisonment; or

(ii)for a breach in relation to restricted matter—750 penalty units or 6 months imprisonment; or

(iii)otherwise—500 penalty units.

(2)If the offence is not an aggravated offence, it is a defence for the person to show that the person had a reasonable excuse for failing to discharge the obligation.

25Effect of regulation for discharge of general biosecurity obligation

(1)This section applies if a provision of a regulation (regulation provision) is identified in the regulation as a provision that prescribes a way of discharging a person’s general biosecurity obligation.

(2)Unless otherwise stated in the regulation, the regulation provision does not prescribe all that a person to whom the provision applies must do, or must not do, to discharge the person’s general biosecurity obligation.

(3)However, for applying the general biosecurity obligation offence provision, the person fails to discharge the general biosecurity obligation if the person contravenes the regulation provision.

26Effect of code of practice for discharge of general biosecurity obligation

(1)This section applies if a code of practice states a way of discharging a person’s general biosecurity obligation.

(2)Unless otherwise stated in the code of practice, the code of practice does not state all that a person to whom the code of practice applies must do, or must not do, to discharge the person’s general biosecurity obligation.

(3)However, for applying the general biosecurity obligation offence provision, the person fails to discharge the general biosecurity obligation if the person—

(a)contravenes, or otherwise acts inconsistently with, the code of practice; and

(b)does not follow a way that is as effective as, or more effective than, the code of practice for discharging the general biosecurity obligation.

(4)Also, for applying the general biosecurity obligation offence provision, if a regulation requires a person to comply with the whole or a stated part of a code of practice to discharge the person’s biosecurity obligation, the person fails to discharge the general biosecurity obligation if the person contravenes, or otherwise acts inconsistently with, the code of practice or stated part.

27Aggravated offences—significant damage to health and safety of people or to the economy or environment

(1)An offence is an aggravated offence if the commission of the offence causes significant damage, or is likely to cause significant damage, to the health and safety of people or to the economy or the environment.

(2)To prove an aggravated offence, the prosecution must prove that the person who committed the offence—

(a)intended the person’s conduct to cause significant damage to the health and safety of people or to the economy or the environment; or

(b)was reckless as to whether the conduct would cause significant damage to the health and safety of people or to the economy or the environment.

28Defence of due diligence

(1)In a proceeding for an offence against the general biosecurity obligation offence provision, it is a defence for a person to prove that the person took all reasonable precautions and exercised proper diligence to prevent the commission of the offence by the person or by another person under the person’s control.

(2)Without limiting the ways in which a person proves the matter stated in subsection (1), a person proves the matter if the person proves that—

(a)the conduct alleged to constitute the offence was due to—

(i)an act or default of another person; or

(ii)reliance on information supplied by another person; and

(b)the person made all reasonable enquiries about—

(i)whether any animal, plant or other thing was the carrier of prohibited matter or restricted matter the subject of the offence alleged; and

(ii)any necessary treatments that may be required for any carrier of any biosecurity matter to rid the carrier of the biosecurity matter; and

(c)any of the following applied—

(i)the person carried out all checks on the health of any biosecurity matter or carrier of any biosecurity matter as were reasonable in all the circumstances;

(ii)if another person carried out checks on the health of any biosecurity matter or carrier of any biosecurity matter, it was reasonable in all the circumstances to rely on the checks carried out by the other person;

Example—

checks carried out by a veterinary surgeon

(iii)it was reasonable in all the circumstances to rely on checks carried out by another person who supplied any biosecurity matter or carrier of any biosecurity matter to the person; and

(d)the person took the precautions that were reasonable in all the circumstances to prevent the spread of any biosecurity matter.

(3)Also, without limiting the ways in which a person proves the matter stated in subsection (1) or (2)(c)(i), a person proves the matter if the person proves that—

(a)if a regulation prescribes a way in which a person’s general biosecurity obligation can be discharged to prevent or minimise a biosecurity risk posed by the relevant biosecurity matter or carrier of the biosecurity matter—the person followed the prescribed way; or

(b)if a code of practice states a way in which a person’s general biosecurity obligation can be discharged to prevent or minimise a biosecurity risk posed by the relevant biosecurity matter or carrier of the biosecurity matter—the person adopted and followed the stated way.

(4)This section is not intended to exclude the operation of the Criminal Code
, section 24.

(5)In subsection (2)(a) and (c)—

another person does not include a following person—

(a)an employee or agent of the defendant;

(b)in the case of a defendant that is a body corporate, a director, employee or agent of the defendant.

(2)However, the operation of subsection (1) may be affected by a prohibited matter regulation or an emergency prohibited matter declaration.

30Prohibited matter regulation

(1)A regulation (a prohibited matter regulation) may—

(a)declare that particular biosecurity matter not mentioned in schedule 1
is prohibited matter; or

(b)declare that particular biosecurity matter mentioned in schedule 1
, or declared to be prohibited matter under an emergency prohibited matter declaration, is no longer prohibited matter.

(2)The Minister may recommend to the Governor in Council the making of a regulation under subsection (1)(a) only if the Minister is satisfied that—

(a)the biosecurity matter satisfies the prohibited matter criteria as provided for in section 20
; and

(b)prompt action is required to declare the biosecurity matter to be prohibited matter.

(3)The Minister may recommend to the Governor in Council the making of a regulation under subsection (1)(b) only if the Minister is satisfied that—

(a)1 or more of the following applies—

(i)the biosecurity matter is no longer contained and can not be eradicated;

(ii)the biosecurity matter has spread and is in a large area of the State;

(iii)the rate of spread of the biosecurity matter means that it is likely to spread over a large area of the State;

(iv)for some other reason, it is no longer practical, or it is otherwise no longer appropriate, for the biosecurity matter to be subject to the provisions of this Act relating to prohibited matter; and

(b)prompt action is required to declare the biosecurity matter not to be prohibited matter.

(4)A prohibited matter regulation that declares biosecurity matter mentioned in schedule 1
no longer to be prohibited matter may also declare the biosecurity matter to be restricted matter.

(ii)biosecurity matter declared under a prohibited matter regulation no longer to be prohibited matter; or

Note—

Subsection (1)(a)(ii) allows biosecurity matter that is included in schedule 1
, but that a prohibited matter regulation has declared to be no longer prohibited matter, to be urgently re-established as prohibited matter.

(b)declare that particular biosecurity matter mentioned in schedule 1
, or declared to be prohibited matter, under a prohibited matter regulation, is no longer prohibited matter.

(2)The chief executive may make an emergency prohibited matter declaration under subsection (1)(a) only if the chief executive is satisfied that—

(a)the biosecurity matter satisfies the prohibited matter criteria as provided for in section 20
; and

(b)urgent action is required to declare the biosecurity matter to be prohibited matter.

(3)The chief executive may make an emergency prohibited matter declaration under subsection (1)(b) only if the chief executive is satisfied that—

(a)1 or more of the following applies—

(i)the biosecurity matter is no longer contained and can not be eradicated;

(ii)the biosecurity matter has spread and is in a large area of the State;

(iii)the rate of spread of the biosecurity matter means that it is likely to spread over a large area of the State;

(iv)for some other reason, it is no longer practical, or it is otherwise no longer appropriate, for the biosecurity matter to be subject to the provisions of this Act relating to prohibited matter; and

(b)urgent action is required to declare the biosecurity matter not to be prohibited matter.

(4)The chief executive must publish an emergency prohibited matter declaration in full on the department’s website contemporaneously with the making of the declaration, or, if that is not practicable, with the least practicable delay after the declaration is made.

(5)As soon as practicable after making an emergency prohibited matter declaration, the chief executive must—

(a)publish in the gazette a notice of the making of the declaration, the day the declaration started, a description of the biosecurity matter the subject of the declaration and the places where a copy of the declaration may be obtained; and

(b)take all reasonable steps to ensure that persons likely to be directly affected by the declaration are made aware of the making of the declaration, including, for example, by some or all of the following—

(i)advertising in newspapers, on radio and on television;

(ii)electronically using emails and text messages;

(iii)automated telephoning.

(6)An emergency prohibited matter declaration is not invalid only because of a failure of the chief executive to comply with subsection (4) or (5).

32Matters for inclusion in emergency prohibited matter declaration

An emergency prohibited matter declaration must include provisions that state—

(a)a description of the biosecurity matter the subject of the declaration; and

(b)when the declaration starts; and

(c)when the declaration expires if it is not sooner revoked.

33Effect and duration of emergency prohibited matter declaration

(1)An emergency prohibited matter declaration has effect from when it is made.

(2)Unless it is sooner revoked, an emergency prohibited matter declaration stays in force until the earlier of the following to happen—

(a)3 months elapse after the making of the emergency prohibited matter declaration;

(b)a prohibited matter regulation comes into force that deals with the biosecurity matter the subject of the emergency prohibited matter declaration.

34Requirement for both prohibited matter regulation and emergency prohibited matter declaration to classify new prohibited matter

A prohibited matter regulation or emergency prohibited matter declaration that declares biosecurity matter to be prohibited matter must also declare in which part of schedule 1
the prohibited matter may be taken to be included.

35Up-to-date listing of all prohibited matter to be available on the department’s website

The Minister must keep on the department’s website an up-to-date list of all biosecurity matter that is for the time being prohibited matter.

Division 2Obligations relating to prohibited matter

36Reporting presence of prohibited matter

(1)This section applies to a person if the person becomes aware of the presence of biosecurity matter that is prohibited matter, or that the person believes or ought reasonably to believe is prohibited matter—

(a)at a place of which the person is an occupier; or

(b)in the person’s possession or under the person’s control; or

(c)in or on a carrier at a place of which the person is an occupier; or

(d)in or on a carrier in the person’s possession or under the person’s control.

(2)If the person is not aware that any inspector has been advised, or has otherwise become aware, of the presence of the biosecurity matter, the person must advise an inspector of the presence of the biosecurity matter without delay.

Maximum penalty—1,000 penalty units or 1 year’s imprisonment.

(3)However, the person is not required to advise an inspector under subsection (2) if—

(a)the biosecurity matter is in the possession of a person, or is otherwise under a person’s control, under a prohibited matter permit; or

(b)the biosecurity matter is in the lawful possession of a person, or is otherwise under a person’s lawful control, under another Act or a law of the Commonwealth.

(4)Also, the person is not required to advise an inspector under subsection (2) if the person becomes aware, before the person would otherwise be required to advise an inspector under the subsection, that advice of the presence of the biosecurity matter has been given to an inspector by another person.

Example—

A person would not be required to advise an inspector of the presence of prohibited matter in 1 of the person’s animals if the veterinary surgeon who diagnosed the presence of the prohibited matter advised an inspector about it as soon as the diagnosis was made.

(5)The person must not take any action reasonably likely to exacerbate, and must take any action reasonably likely to minimise, the biosecurity risk posed by the prohibited matter.

Maximum penalty—1,500 penalty units or 1 year’s imprisonment.

37Dealing with prohibited matter

(1)A person must not deal with prohibited matter.

Maximum penalty—1,000 penalty units or 1 year’s imprisonment.

(2)A person does not commit an offence against subsection (1) only because the person advises an inspector under this part about the discovery of prohibited matter.

(3)Subsection (1) does not apply to a dealing with prohibited matter—

(a)that is—

(i)authorised under a prohibited matter permit; or

(ii)authorised under a biosecurity emergency order or biosecurity emergency order permit; or

(iii)for the purposes of its seizure under chapter 10
as evidence of the commission of an offence; or

(2)The Minister may recommend to the Governor in Council the making of a regulation under subsection (1)(a) only if the Minister is satisfied that—

(a)the biosecurity matter may pose a biosecurity risk; and

(b)the biosecurity matter satisfies the restricted matter criteria as provided for in section 22
; and

(c)prompt action is required to declare the biosecurity matter to be restricted matter.

(3)The Minister may recommend to the Governor in Council the making of a regulation under subsection (1)(b) only if the Minister is satisfied that—

(a)it is no longer practical, or it is otherwise no longer appropriate, for biosecurity matter to be the subject of the provisions of this Act relating to restricted matter; and

(b)prompt action is required to declare the biosecurity matter not to be restricted matter.

40Requirement for restricted matter regulation to classify new restricted matter

A restricted matter regulation that declares biosecurity matter to be restricted matter—

(a)must also declare in which particular provisions of schedule 2
the restricted matter may be taken to be included; and

(b)must assign a category number or category numbers to the restricted matter.

41Up-to-date listing of all restricted matter to be available on the department’s website

The Minister must keep on the department’s website an up-to-date list of all biosecurity matter that is for the time being restricted matter.

Division 2Obligations relating to restricted matter

42Reporting presence of category 1 or 2 restricted matter

(1)This section applies to a person if the person becomes aware of the presence of biosecurity matter that is relevant restricted matter, or that the person believes or ought reasonably to believe is relevant restricted matter—

(a)at a place of which the person is an occupier; or

(b)in the person’s possession or under the person’s control; or

(c)in or on a carrier at a place of which the person is an occupier; or

(d)in or on a carrier in the person’s possession or under the person’s control.

(2)If the person is not aware that any appropriate authorised officer has been advised, or has otherwise become aware, of the presence of the biosecurity matter, the person must advise an appropriate authorised officer of the presence of the biosecurity matter as soon as practicable, but not more than 24 hours, after becoming aware as mentioned in subsection (1).

(3)However, the person is not required to advise an appropriate authorised officer under subsection (2) if—

(a)the biosecurity matter is in the possession of a person, or is otherwise under a person’s control, under a restricted matter permit; or

(b)the biosecurity matter is in the lawful possession of a person, or is otherwise under a person’s lawful control, under another Act or a law of the Commonwealth.

(4)Also, the person is not required to advise an appropriate authorised officer under subsection (2) if the person becomes aware, before the person would otherwise be required to advise an appropriate authorised officer under the subsection, that advice of the presence of the biosecurity matter has been given to an appropriate authorised officer by another person.

Example—

A person would not be required to advise an appropriate authorised officer of the presence of relevant restricted matter in 1 of the person’s animals if the veterinary surgeon who diagnosed the presence of the restricted matter advised an appropriate authorised officer about it as soon as the diagnosis was made.

(5)The person must not take any action reasonably likely to exacerbate, and must take any action reasonably likely to minimise, the biosecurity risk posed by the restricted matter.

Maximum penalty—750 penalty units.

(6)In this section—

appropriate authorised officer means—

(a)if the biosecurity matter is or ought reasonably be believed to be category 1 restricted matter—an inspector; or

(b)if the biosecurity matter is or ought reasonably be believed to be category 2 restricted matter—an authorised officer.

(1)A person who has category 3 restricted matter in the person’s possession or under the person’s control must not distribute or dispose of the restricted matter unless the distribution or disposal is—

(a)performed in the way prescribed under a regulation; or

(b)authorised under a restricted matter permit; or

(c)performed by an authorised officer in the performance of the authorised officer’s functions under this Act; or

(d)for the purpose of the Board of the Queensland Museum, or the Queensland Herbarium, identifying the restricted matter; or

(e)for the purpose of identifying the restricted matter by, or at the request of, a government entity with expertise in the identification of the restricted matter; or

(f)for a purpose prescribed by regulation.

Maximum penalty—500 penalty units.

(2)A person who has a thing infested with category 3 restricted matter in the person’s possession or under the person’s control must not distribute or dispose of the thing unless the distribution or disposal is—

(a)performed in the way prescribed under a regulation; or

(b)authorised under a restricted matter permit; or

(c)performed by an authorised officer in the performance of the authorised officer’s functions under this Act.

(1)A person who has category 7 restricted matter in the person’s possession or under the person’s control must, as soon as practicable, kill the restricted matter.

Maximum penalty—500 penalty units.

Note—

A guideline could apply under chapter 5
about ways to humanely kill noxious fish.

(2)A person who has, in the person’s possession or under the person’s control, category 7 restricted matter that has been killed must dispose of the restricted matter in the way prescribed under a regulation.

(4)However, a person does not commit an offence against subsection (1) or (2) if—

(a)the restricted matter is in the possession of the person, or is otherwise under the person’s control, under a restricted matter permit; or

(b)the restricted matter is in the lawful possession of the person, or is otherwise under the person’s lawful control, under another Act or a law of the Commonwealth.

45Offences about other categories of restricted matter

(1)A person must not do any of the following—

(a)move, or cause or allow to be moved, category 4 restricted matter;

(b)keep in the person’s possession or under the person’s control category 5 restricted matter;

(c)give food to category 6 restricted matter.

Maximum penalty—500 penalty units.

(2)A person does not commit an offence against subsection (1) if the person’s action is authorised under—

(a)a restricted matter permit; or

(b)another Act or a law of the Commonwealth.

(3)A person does not commit an offence against subsection (1) if the person’s action in relation to the restricted matter is for the purposes of the restricted matter’s seizure under chapter 10
as evidence of the commission of an offence.

(4)A person does not commit an offence against subsection (1)(a) if the moving of the category 4 restricted matter is for the purposes of its identification by, or at the request of, a relevant entity.

(5)A person does not commit an offence against subsection (1)(b) if the keeping of the category 5 restricted matter is for the purposes of its identification by, or at the request of, a relevant entity.

(6)A person does not commit an offence against subsection (1)(c) if the feeding is carried out in preparation for, or in the course of, lawfully baiting, trapping or shooting the category 6 restricted matter.

(2)A person who deals with a ruminant must take all reasonable steps to ensure the ruminant does not feed on restricted animal material.

Maximum penalty—400 penalty units.

(3)A person (the relevant person) must not supply restricted animal material to another person if the relevant person knows the other person intends that a particular person (whether or not the relevant person or other person) is to feed the material to a ruminant.

Maximum penalty—400 penalty units.

(4)A person to whom subsection (1), (2) or (3) applies does not commit an offence against the subsection if—

(a)the person has a reasonable excuse; or

(b)both of the following apply—

(i)a regulation states that the subsection does not apply in a stated circumstance or other state of affairs (including, for example, if stated requirements are satisfied or stated attributes exist);

(ii)the circumstance or other state of affairs exists in relation to the person for the ruminant the subject of the offence.

(5)A person who feeds restricted animal material to a ruminant does not commit an offence against subsection (1), (2) or (3) if—

(a)the person—

(i)is, under section 46B
, permitted by the chief executive to feed the material to a ruminant lawfully used for a scientific purpose; and

(ii)feeds the material to the ruminant in the way permitted by the chief executive; or

(b)the feeding is authorised under another Act or a law of the Commonwealth.

46AProhibitions on feeding or supplying prohibited feed for pigs and poultry

(1)A person must not feed prohibited feed for pigs and poultry to a pig or poultry.

Maximum penalty—400 penalty units.

(2)A person who deals with a pig or poultry must take all reasonable steps to ensure the pig or poultry does not feed on prohibited feed for pigs and poultry.

Maximum penalty—400 penalty units.

(3)A person (the relevant person) must not supply prohibited feed for pigs and poultry to another person if the relevant person knows the other person intends that a particular person (whether or not the relevant person or other person) is to feed the material to a pig or poultry.

Maximum penalty—400 penalty units.

(4)A person to whom subsection (1), (2) or (3) applies does not commit an offence against the subsection if—

(a)the person has a reasonable excuse; or

(b)both of the following apply—

(i)a regulation states that the subsection does not apply in a stated circumstance or other state of affairs (including, for example, if stated requirements are satisfied or stated attributes exist);

(ii)the circumstance or other state of affairs exists in relation to the person for the pig or poultry the subject of the offence.

(5)A person who feeds prohibited feed for pigs and poultry to a pig or poultry does not commit an offence against subsection (1), (2) or (3) if—

(a)the person—

(i)is, under section 46B
, permitted by the chief executive to feed the material to a pig or poultry lawfully used for a scientific purpose; and

(ii)feeds the material to the ruminant, pig or poultry in the way permitted by the chief executive; or

(b)the feeding is authorised under another Act or a law of the Commonwealth.

(b)the person believes that the incident is a notifiable incident, or ought reasonably to believe that the incident is a notifiable incident; and

(c)the person has no grounds to believe that an inspector has already been made aware of the happening of the incident.

(2)The person must, unless the person has a reasonable excuse—

(a)advise an inspector of the incident in accordance with the requirements stated in this section; and

(b)otherwise comply with the requirements of this section in relation to the incident.

Maximum penalty—1,000 penalty units.

(3)If practicable, the advice must be given to an inspector having administrative responsibility in the area where the incident happened.

(4)The advice must—

(a)be given without delay, whether in the approved form or in another way, including, for example, in person or by telephone, or by email or another electronic means; and

(b)state enough particulars to identify the incident, its nature and its location.

(5)The advice must be accompanied, or be followed as soon as practicable, by any documents that reasonably relate to the incident, including, for example, an analyst’s report of analysis showing the results of testing.

(6)The person must not take any action reasonably likely to exacerbate, and must take any action reasonably likely to minimise, the biosecurity risk posed by any biosecurity matter or carrier the subject of the incident.

Example—

The person must as far as practicable keep an infected animal, carcass or animal product separate from animals, carcasses or animal products that are not infected.

(7)In this section—

incident includes event.

notifiable incident means—

(a)a biosecurity event; or

(b)without limiting paragraph (a), the happening of any of the following—

(i)the appearance of blisters on the mouths or feet of designated animals;

(ii)an abnormally high mortality rate or morbidity rate in plants or in designated animals;

(iii)a sudden and unexplained fall in production relating to plants or designated animals;

(iv)the presence of a contaminant in a carrier in an amount more than the maximum acceptable level prescribed under a regulation for the carrier;

(v)the appearance of other symptoms or conditions prescribed under a regulation that may indicate the presence of biosecurity matter which may cause adverse effects on a biosecurity consideration.

Chapter 3Matters relating to local governments

Part 1Provisions about functions and obligations of local governments

48Main function of local government

(1)The main function under this Act of each local government is to ensure that the following biosecurity matter (invasive biosecurity matter for the local government’s area) are managed within the local government’s area in compliance with this Act—

(d)restricted matter taken to be included in schedule 2
, part 2
under a restricted matter regulation.

(2)However, a local government is not responsible for managing invasive biosecurity matter in the local government area to the extent the matter is an invasive animal managed by an invasive animal board and its operational area is within the local government area.

(3)Without limiting the Local Government Act, section 28
(1) or the City of Brisbane Act, section 29
, a local government’s local law may provide for the management of invasive animals and invasive plants, whether or not they are prohibited matter or restricted matter, in its local government area.

49When State and local government act in partnership

The chief executive and the chief executive officer of a local government may agree that the State and local government act in a coordinated way to respond to a biosecurity event in the local government’s area associated with its area’s invasive biosecurity matter.

Example—

The chief executive makes a biosecurity emergency order in response to a biosecurity event and the biosecurity emergency area for the biosecurity emergency order is in a local government’s area. The biosecurity matter associated with the biosecurity event is prohibited matter that is invasive biosecurity matter for the local government’s area. The role of a local government in managing the prohibited matter may consist only of providing authorised persons appointed by the local government to respond to the biosecurity event.

Note—

The State and a local government may enter into a government and industry agreement to respond to a biosecurity event.

50Minister may direct local government to perform function or obligation

(1)This section applies if the Minister reasonably believes a local government is not performing any of its functions or obligations under this Act.

Example of a local government not performing its functions or obligations—

a local government not taking reasonable steps to manage invasive biosecurity matter for its local government area

(2)The Minister may, by notice (local government compliance notice) given to the local government, direct it to perform the function or obligation.

(3)However, before giving the local government compliance notice, the Minister must consult with the local government and consider the local government’s views about the performance of the function or obligation.

(4)The notice must state the following—

(a)the function or obligation the Minister believes the local government is not performing;

(b)what action the Minister requires the local government to take to perform the function or obligation;

(c)the day by which the stated action must be taken.

(5)The local government must comply with the notice.

51Chief executive may act to perform local government’s functions

(1)This section applies if a local government has been given a local government compliance notice and the chief executive is satisfied the local government has not achieved substantial compliance with the notice.

(2)This section also applies if a local government has been given a local government compliance notice and the chief executive and the local government agree that the local government can not achieve substantial compliance with the notice.

(3)The chief executive may by gazette notice—

(a)state any function or obligation mentioned in the notice that the local government has not complied with; and

(b)declare that, for a stated period, the function or obligation is given to the chief executive; and

(c)state that the chief executive proposes to perform the function or obligation; and

(d)state what action the chief executive proposes to take to perform the function or obligation.

(4)The chief executive may perform the function or obligation, and take the stated action.

(5)The chief executive, in performing the function or obligation or taking the action, has the powers of the local government before the gazette notice was made in relation to the function, obligation or action.

(6)The costs reasonably incurred by the chief executive in performing or taking action for a function or obligation of a local government are a debt payable by the local government to the State.

52Minister may ask for particular information from local government

(1)The Minister may, by notice given to a local government, ask the local government to give the Minister a written report about any function performed or power exercised, or required to be performed or exercised, by the local government under this Act.

Example—

a report on the outcomes of consultation for developing or amending a biosecurity plan

(2)The local government must comply with the request.

Part 2Biosecurity plans for local government areas

53Local governments to have biosecurity plan

(1)A local government must have a biosecurity plan for invasive biosecurity matter for its local government area.

(2)The plan may include provision for each of the following—

(a)achievable objectives under the plan;

(b)strategies, activities and responsibilities for achieving the objectives;

(c)strategies to inform the local community about the content of the plan and achievement of its objectives;

(d)monitoring implementation of the plan and evaluating its effectiveness;

(e)other matters the local government considers appropriate for management of invasive biosecurity matter for its local government area.

54Plan to be available for inspection

(1)Each local government must keep a copy of its biosecurity plan available for inspection, free of charge, by members of the public at the local government’s public office.

(2)The plan may be made available in written or electronic form.

55Local governments acting concurrently for biosecurity plan

(1)This part, in requiring each local government to have a biosecurity plan, does not stop 2 or more local governments from acting concurrently to propose and adopt the same biosecurity plan for each of the local governments or to subsequently amend the plan.

(2)Each local government whose biosecurity plan is identical with the biosecurity plan of another local government must implement the plan in its own local government area to the extent the plan relates to that area.

departmental financial institution accounts, of the department, means the accounts of the department established under the Financial Accountability Act 2009
, section 83(1).

other moneys, of the department, means all moneys of the department other than amounts received for the fund.

58Payments from fund

Amounts are payable from the fund for paying only the following—

(a)expenses incurred by the chief executive;

(b)amounts necessary for the operations of an invasive animal board;

(c)an amount authorised by the chief executive under this Act as payable from the fund;

(d)other amounts required or permitted by this Act to be paid out of the fund.

59Consultation with local government about activities

Before paying an amount from the fund for services to be provided by the chief executive for activities that help a local government to manage invasive animals and invasive plants, the chief executive must consult with the local government and consider the local government’s views about the suitability and priority of the activities.

60Minister may require local government to make annual payment

(1)The Minister may, by notice, require a local government to pay an amount for a financial year to the chief executive for services provided or to be provided by the chief executive or an invasive animal board for activities that help the local government manage invasive animals and invasive plants in the local government’s area.

(2)The amount must not be more than the maximum amount prescribed under a regulation for the local government.

(3)In recommending the maximum amount, the Minister must have regard to the nature and extent of the services provided or to be provided by the chief executive or an invasive animal board in the local government’s area, including, for example—

(a)any of the following services—

(i)research about prevention and control techniques for invasive animals and invasive plants;

(ii)public education;

(iii)planning and mapping services;

(iv)training and technical advice for individuals and groups;

(v)strategic and preventative control of invasive animals and invasive plants; or

(b)whether land in the area may benefit from action taken by the chief executive or an invasive animal board, including, for example, action taken under a biosecurity program, a movement control order or a biosecurity emergency order or action to keep in good order any part of the barrier fence included in, or that benefits, the local government’s area.

(4)The notice must state the period in which the amount required under the notice must be paid.

(5)The local government must pay the amount to the chief executive in the stated period.

61Minister must give local government report about activities

The Minister must give each local government required under section 60
to pay the chief executive an amount for a financial year a written report for the year on the outcomes of services provided under this Act by the chief executive for activities relevant to the local government’s area.

Chapter 4Invasive animal barrier fencing

Part 1Invasive animal boards

Division 1Establishment

62What is an invasive animal board and what is its operational area

(1)An invasive animal board is an entity declared under a regulation to be an invasive animal board.

(2)The regulation must—

(a)name the board; and

(b)state the invasive animal to be managed by the board; and

(c)state the part of the barrier fence for which the board is responsible; and

(d)state the number of directors of the board.

(3)The regulation may identify the area (the operational area) in which the invasive animal board will carry out activities to manage the invasive animal.

63Legal status

(1)An invasive animal board—

(a)is a body corporate; and

(b)has a seal; and

(c)may sue and be sued in its corporate name.

(2)An invasive animal board represents the State.

(3)Without limiting subsection (2), an invasive animal board has all the privileges and immunities of the State.

(1)An invasive animal board’s function is to keep the part of the barrier fence for which it is responsible (the fence part) in good order, and to ensure it is maintained as an effective barrier against, depending on its form of construction in any particular place, the invasive animal the board is to manage.

(c)replacing damaged sections of the fence part that can not be repaired; and

(d)clearing obstructions from on or near the fence part to ensure the fence’s integrity as a barrier.

(3)If an invasive animal board has an operational area for an invasive animal, the board also has the function of managing the animal in the operational area.

66Board’s powers

(1)An invasive animal board has the powers of an individual and may, for example, do any of the following—

(a)enter into contracts;

(b)acquire, hold, deal with and dispose of property;

(c)appoint and act through agents and attorneys;

(d)charge, and fix terms, for goods, services and information it supplies;

(e)employ staff and engage consultants;

(f)do anything else necessary or convenient to be done in performing its function.

(2)Without limiting subsection (1), an invasive animal board has the powers given to it under this Act.

67Minister may give direction to board

(1)The Minister may give an invasive animal board a written direction about the performance of the board’s function or the exercise of its powers if satisfied it is necessary to give the direction in the public interest.

(2)The board must comply with the direction.

(3)Before giving the direction, the Minister must consult with the board.

(4)The Minister must publish in the gazette a copy of the direction within 21 days after the direction is given.

Division 2Board directors

68Control of board

The directors of an invasive animal board control the board.

69Role of directors

(1)The directors of an invasive animal board are responsible for the way the board performs its function and exercises its powers.

(2)Without limiting subsection (1), it is the role of the directors of an invasive animal board to ensure the board performs its function in an appropriate, effective and efficient way.

70Appointment of directors

(1)The directors of an invasive animal board are to be appointed by the Minister.

(2)A regulation may prescribe—

(a)the number of directors that must be appointed to an invasive animal board to represent a local government whose area includes the board’s part of the barrier fence; and

(b)the minimum qualifications a person must have to be appointed as a director.

Example for paragraph (b)—

A regulation may require a person to have a legal or business qualification to be appointed to a board.

71Chairperson

(1)The chairperson of the board of directors is the director chosen as chairperson by the directors.

(2)If the chief executive is not notified of a chairperson chosen by the directors within 1 month after the first meeting of the board of directors, the chairperson is the director chosen by the chief executive.

(3)The chairperson holds office until the first meeting of the board of directors occurring at least 1 year after the director’s selection as chairperson.

72Disqualification for directorship

A person is not qualified to be, or to continue as, a director of an invasive animal board if the person—

(a)is an insolvent under administration within the meaning of the Corporations Act, section 9
; or

(b)is, or has been, convicted of—

(i)an indictable offence, whether on indictment or summarily; or

(ii)an offence against this Act.

73Term of appointment

(1)Subject to subsections (2) and (3), a director of an invasive animal board is appointed for the term, of no more than 4 years, stated in the director’s instrument of appointment.

(2)The director continues holding office after the director’s term of office ends until the director’s successor is appointed.

(3)If a person is appointed to fill a casual vacancy in the office of a director, the person is appointed only for the remainder of the director’s term of office.

The Minister may remove a person from office as a director of an invasive animal board if—

(a)the director ceases to be qualified to be a director or is absent from 3 consecutive meetings of the board without the board’s leave and without reasonable excuse; or

(b)the Minister is satisfied the director—

(i)is incapable of performing the duties of a director because of physical or mental incapacity; or

(ii)performed the director’s duties carelessly, incompetently or inefficiently; or

(iii)has committed misconduct of a kind that could justify dismissal from the public service if the director were a public service officer.

75Vacation of office

The office of a director of an invasive animal board becomes vacant if the director—

(a)resigns by signed notice of resignation given to the board; or

(b)is removed from office under this part.

76Disclosure of interests

(1)This section applies to a director of an invasive animal board if—

(a)the director has a direct or indirect financial or personal interest in a matter being considered, or about to be considered, by the board; and

(b)the interest could conflict with the proper performance of the director’s duties about the consideration of the matter.

(2)As soon as practicable after the relevant facts come to the director’s knowledge, the director must disclose the nature of the interest to a meeting of the invasive animal board.

Maximum penalty—20 penalty units.

(3)The disclosure must be recorded in the board’s minutes.

(4)Unless the board otherwise decides, the director must not—

(a)be present when the board considers the matter; or

(b)take part in a decision of the board on the matter.

Maximum penalty—20 penalty units.

(5)The director must not be present when the board is considering its decision under subsection (4).

Maximum penalty—20 penalty units.

(6)Another director who also has a direct or indirect financial or personal interest in the matter must not—

(a)be present when the board is considering its decision under subsection (4); or

(b)take part in making the decision.

Maximum penalty—20 penalty units.

(7)In this section—

financial or personal interest, for a person nominated by an entity for appointment as a director, does not include an interest the person has in common with members of the entity represented by the person.

77Director to act in board’s interest

A director of an invasive animal board must act in the best interests of the board.

Division 3Business and meetings

78Conduct of business

Subject to this division, an invasive animal board may conduct its business, including its meetings, in the way it considers appropriate.

79Times and places of meetings

(1)An invasive animal board must hold—

(a)its first meeting at the time and place decided by the chief executive; and

(b)at least 1 meeting a year.

(2)The chairperson of an invasive animal board—

(a)may call a board meeting at any time; and

(b)must call a meeting if asked by at least one-half of the directors comprising the board or, if the number is not a whole number, the next highest whole number of directors.

80Quorum

A quorum for an invasive animal board is the number of directors equal to one-half of the number of directors of the board plus 1 or, if the number is not a whole number, the next highest whole number.

81Presiding at meetings

(1)The chairperson of an invasive animal board must preside at all meetings at which the chairperson is present.

(2)If the chairperson is absent, the director chosen by the directors present must preside.

82Conduct of meetings

(1)A question at an invasive animal board meeting is decided by a majority of the votes of the directors of the board present and voting.

(2)Each director present has a vote on each question to be decided and, if the votes are equal, the chairperson has a casting vote.

(3)A director present at the meeting who abstains from voting is taken to have voted for the negative.

(4)An invasive animal board may allow its directors to take part in its meetings by using any technology that reasonably allows directors to hear and take part in discussions as they happen.

Example of use of technology—

teleconferencing

(5)A director who takes part in an invasive animal board meeting under subsection (4) is taken to be present at the meeting.

(6)A resolution is validly made by an invasive animal board, even if it is not passed at a board meeting, if—

(a)a majority of the board’s directors gives written agreement to the resolution; and

(b)notice of the resolution is given under procedures approved by the board.

83Minutes

An invasive animal board must keep—

(a)minutes of its proceedings; and

(b)a record of its resolutions.

84Fees and allowances

A director of an invasive animal board is entitled to be paid the fees and allowances approved by the Minister.

Division 4Financial matters

85Estimate of board’s operational costs

(1)An invasive animal board must, for each financial year, prepare and give to the Minister a written estimate of its operational costs for the year.

(2)The estimate must be given to the Minister at least 2 months before the start of the financial year to which the estimate relates.

(3)The estimate must be accompanied by a written statement stating—

(a)details, including a works program, for the items to which the costs relate; and

(b)an amount for each item.

86Approval for carrying out board’s operations

(1)An invasive animal board may carry out a works program or do other things involving expenditure by it in a financial year only if the works or other things have been approved by the Minister for the financial year.

Examples of other things—

acquisition of land, machinery, equipment or materials

(2)In deciding whether to approve the works program or other things, the Minister must have regard to—

(a)the board’s function; and

(b)the expenditure involved in carrying out the works program or doing the other things.

Division 5Miscellaneous

87Delegation

An invasive animal board may delegate its function or powers to an appropriately qualified person.

88Annual report

(1)As soon as practicable after the end of each financial year, an invasive animal board must prepare and give to the Minister a written report about the board’s operation during the year.

(2)As soon as practicable after receiving the report, the Minister must table a copy of it in the Legislative Assembly.

Part 2Barrier fences

Division 1Identification of the barrier fence

89What is the barrier fence

(1)The barrier fence is the fence made up of the sections of fencing built along the following lines—

(a)the line shown as the ‘wild dog barrier fence’ on the barrier fence map;

(a)the building authority, other than the chief executive, for the barrier fence part affected by the amendment; and

(b)any owner of land affected by the amendment.

(4)If the chief executive decides to amend the barrier fence map, the chief executive must create a new version of the map that includes the amendment and notify the following that the amendment has been made—

(a)the invasive animal board for the barrier fence part affected by the amendment;

(b)the local government—

(i)for the barrier fence part affected by the amendment; or

(ii)for the area within which the barrier fence part affected by the amendment is located, if there is no local government as mentioned in subparagraph (i);

(c)any owner of land affected by the amendment.

(5)The chief executive may, without charge, publish the barrier fence map on the department’s website or make the map available for inspection at the department’s head office during business hours.

Division 2Maintaining barrier fences

92Building gates and grids in barrier fence

(1)This section applies if a barrier fence part—

(a)intersects the land of a person; and

(b)unreasonably hinders movement by a person or by designated animals from a part of the land to another part.

(2)The building authority for the barrier fence part must build and pay for a gate or grid in the fence to allow the movement.

93Maintaining barrier fence

For keeping a barrier fence part in good order, the building authority for the barrier fence part may—

(a)clear the fence line of vegetation or any other obstruction to a distance of no more than 20m either side of the fence; and

(b)enter onto a place to clear the fence line under paragraph (a), or to inspect the fence or repair or otherwise maintain it.

94Power to enter a place

(1)This section applies if the building authority for a barrier fence part needs to enter a place to—

(a)inspect or maintain the fence, including to inspect or maintain a gate or grid in the fence; or

(b)clear the fence line.

(2)The building authority must, before entering the place—

(a)obtain the occupier’s consent to the entry; or

(b)give the occupier notice of—

(i)the intended entry; and

(ii)the purpose of the entry; and

(iii)the proposed dates and times of entry.

(3)If the building authority is satisfied it is impracticable to give the notice under subsection (2)(b), it is sufficient compliance with the subsection if the building authority—

(a)publishes the notice in a newspaper circulating generally in the area in which the place is situated; or

(b)places the notice conspicuously on the place.

(4)Notice under this section must be given at least 7 days before the intended entry.

(5)However, if the building authority considers it necessary to enter the land because of urgent circumstances, the building authority must give the occupier only the notice that is reasonably practicable in the circumstances.

95Agreement to make opening in barrier fence

(1)The building authority for a barrier fence part may enter into an agreement with another person about making an opening in the fence for a particular purpose and period.

Examples of purpose—

•to build a road or lay a gas pipeline through the fence

•to pass through the fence to gain access to land for mineral exploration

(2)The agreement must be subject to conditions that, as far as reasonably practicable, ensure the movement of a relevant animal from 1 side of the fence to the other is prevented while the fence is opened.

(3)In this section—

relevant animal means an animal of the type for whose movement the fence is intended to be a barrier.

96Directing restoration of barrier fence

(1)This section applies if the building authority for a barrier fence part reasonably believes a person has unlawfully damaged, or made an opening in, the fence.

(2)The building authority may, by notice given to the person, require the person, by the reasonable date stated in the notice, to restore the fence to the condition it was in before the fence was damaged or opened.

(3)The notice must be accompanied by, or include, an information notice about the building authority’s decision to make the requirement.

(4)If the person does not comply with the notice, the building authority may—

(a)carry out the restoration; and

(b)recover from the person the building authority’s reasonable costs of carrying out the restoration.

Division 3Offences about barrier fence

97Damaging, or making openings in, barrier fence

A person must not, without reasonable excuse—

(a)damage a barrier fence part; or

(b)make an opening in the barrier fence, other than under an agreement under section 95
.

Maximum penalty—50 penalty units.

98Obstructing inspection or maintenance of barrier fence

A person must not, without reasonable excuse, build a structure, excavate land or carry out another activity near a barrier fence part if the structure, excavation or carrying out of the activity is likely to obstruct the inspection or maintenance of the fence.

Maximum penalty—50 penalty units.

99Closing gates

A person must close a gate in the barrier fence immediately after using the gate, unless the person has a reasonable excuse.

Maximum penalty—50 penalty units.

Part 3Barrier fence employees

100Appointment of barrier fence employees

(1)The building authority for a barrier fence part may, by instrument in writing, appoint a person employed or engaged by the authority to exercise powers under this Act in relation to the barrier fence part.

(2)However, the building authority may appoint the person only if it is satisfied the person is appropriately qualified.

(3)A person appointed under this section is a barrier fence employee.

101Powers of barrier fence employees generally

(1)A barrier fence employee has the powers given in the employee’s instrument of appointment.

(2)In exercising the powers, the barrier fence employee is subject to the directions of the building authority that appointed the employee.

(3)However, a barrier fence employee may exercise a power given to the employee in relation to a person only for—

(a)entry on the person’s land to perform work for the building authority necessary for the proper maintenance of the barrier fence part for which the authority is responsible; and

(b)properly maintaining the barrier fence part located on the person’s land; and

(c)giving the person a notice to remedy damage, for which the person is responsible, to the barrier fence part.

For the purpose of asking the occupier of a place for consent to enter the place on behalf of the building authority for a barrier fence part, a barrier fence employee of the authority may, without the occupier’s consent—

(a)enter land around premises at the place to an extent that is reasonable to contact the occupier; or

(b)enter part of the place the employee reasonably considers members of the public ordinarily are allowed to enter when they wish to contact an occupier of the place.

103Matters employee must tell occupier

Before asking the occupier of a place for consent to enter a place on behalf of the building authority for a barrier fence part, a barrier fence employee of the authority must give a reasonable explanation to the occupier—

(a)about the purpose of the entry, including the powers intended to be exercised; and

(b)that the occupier is not required to consent; and

(c)that the consent may be given subject to conditions and may be withdrawn at any time.

Chapter 5Codes of practice and guidelines

Part 1Codes of practice

104Making codes of practice

(1)A regulation may make codes of practice about matters relating to biosecurity.

(2)Without limiting subsection (1), a code of practice may be made about any of the following—

(a)ways of minimising biosecurity risks associated with—

(i)agricultural activities; or

(ii)animal husbandry activities; or

(iii)land use practices that may spread invasive animals and invasive plants; or

(iv)dealing with carriers, including, for example, appropriate ways to treat infected or potentially infected carriers; or

(v)manufacturing processes for animal feed;

Example of animal feed—

feed for ruminants

(b)managing invasive animals and invasive plants and their impacts;

(c)implementing best practice in maintaining hygiene and standards of cleanliness of plant nurseries and places where designated animals are kept to protect the plants and designated animals from the likelihood of disease and to prevent the spread of disease;

(d)ways to prevent, control and stop the spread of biosecurity matter by a carrier, including—

(i)procedures for disinfecting, cleaning and treating carriers; and

(ii)isolation of carriers introduced into the State from another State or moved from a part of the State to another part of the State; and

(iii)programs for disease eradication or vaccination; and

(iv)management of cattle ticks; and

(v)management of a thing that may cause or tend to cause the spread of disease;

(e)the carrying out of any process, or the use of particular technologies, in an industry or another activity;

(f)requirements for the content and labelling of animal feed, fertilisers and other agricultural inputs.

Example of an agricultural input that may require labelling—

a bag of seed for sowing that may contain weed seeds

105Consultation about codes of practice

(1)Before the making of a code of practice under this part is recommended to the Governor in Council, the chief executive must consult with relevant entities.

(2)Subsection (1) does not apply to the adopted provisions of a code of practice.

(3)A failure to consult under subsection (1) does not affect the validity of the code of practice.

(4)In this section—

relevant entities means local governments and other entities the chief executive considers appropriate, including entities from any of the following groups if the chief executive considers the entities to have an interest in matters relating to biosecurity—

(a)community groups;

(b)professional and industry associations;

(c)educational institutions;

(d)natural resource management bodies.

106Tabling and inspection of documents adopted in codes of practice

(1)This section applies if—

(a)a regulation that makes a code of practice adopts, applies or incorporates the whole or a stated part of another document (the adopted provisions); and

(b)the adopted provisions are not part of, or attached to, the regulation.

(2)The Minister must, within 14 sitting days after the regulation is notified, table a copy of the adopted provisions in the Legislative Assembly.

(3)If the adopted provisions are amended, the Minister must, within 14 sitting days after the amendment is made, table a copy of the provisions as amended in the Legislative Assembly.

(4)The chief executive must keep a copy of the adopted provisions, as in force from time to time, available for inspection, free of charge, by members of the public at—

(a)the department’s head office; and

(b)other places the chief executive considers appropriate.

(5)The adopted provisions may be made available in written or electronic form.

(6)A failure to comply with subsection (2), (3) or (4) does not invalidate or otherwise affect the regulation.

Part 2Guidelines

107Chief executive may make guidelines

(1)The chief executive may make guidelines to provide guidance to persons about—

(a)matters relating to the administration of this Act; and

(b)ways of discharging the general biosecurity obligation; and

(c)complying with other requirements imposed under this Act.

(2)Without limiting subsection (1), a guideline may be about the following matters—

(a)the operation of provisions of this Act about monitoring and enforcement;

(b)ways of complying with requirements imposed under this Act in relation to restricted matter, including, for example, the following—

(i)steps an occupier of land may take to manage invasive plants and their impact on the land and adjoining land;

(d)raising designated animals on land for the domestic needs of the occupants of the land.

(3)The chief executive may make a guideline by adopting another entity’s guideline with or without changes.

(4)Before making a guideline, the chief executive must take reasonable steps to allow entities the chief executive considers may have an interest in the proposed guideline to give the chief executive written submissions about it.

Example—

The chief executive might publish a notice in a newspaper circulating in the area in which interested entities reside seeking submissions about a proposed guideline.

(5)A failure to allow the entities to give the chief executive written submissions about the proposed guideline does not affect the validity of it.

108Availability of guidelines

(1)The chief executive must keep a copy of each guideline, as in force from time to time, available for inspection, free of charge, by local governments and members of the public at—

(a)the department’s head office; and

(b)other places the chief executive considers appropriate.

(2)Also, the chief executive must publish each guideline, as in force from time to time, on the department’s website.

109Obligation to have regard to guidelines

(1)The contents of a guideline may be taken into account when considering whether a person has or has not discharged the person’s general biosecurity obligation or otherwise complied with a provision of this Act.

(2)However, it must not be presumed that a person who has failed to follow a guideline has breached the person’s general biosecurity obligation or otherwise failed to comply with a provision of this Act.

Chapter 6Managing biosecurity emergencies and risks

Part 1Biosecurity emergencies

Division 1Preliminary

110Relationship to other Acts

(1)Nothing in this part prevents a person from declaring a disaster situation or another emergency under another Act (another declaration).

(2)However, the existence of another declaration does not prevent the declaration of a biosecurity emergency under this part.

(1)The chief executive may, by notice signed by the chief executive and published on the department’s website, make an order (a biosecurity emergency order) for responding to a biosecurity event.

Examples—

1A biosecurity emergency order might be addressed at something that is currently happening. Accordingly, a biosecurity emergency order might be made because there is in progress an outbreak in horses of equine influenza that has been positively diagnosed on a number of properties in the biosecurity emergency area.

2A biosecurity emergency order might be addressed at something that may happen. Accordingly, a biosecurity emergency order might be made because a significant number of chickens have been found dead on a poultry farm in the biosecurity emergency area. The deaths could be the result of heat exhaustion. However, tests being urgently undertaken have not yet ruled out the possibility that the deaths have been caused by biosecurity matter, for example avian influenza.

(2)As soon as practicable after making a biosecurity emergency order, the chief executive must—

(a)publish in the gazette a notice of the making of the order, the order’s subject matter generally and the places where a copy of the order may be obtained; and

(b)take all reasonable steps to ensure that persons likely to be directly affected by the order are made aware of the making of the order, including, for example, by some or all of the following—

(i)advertising in newspapers, on radio and on television;

(ii)electronically using emails and text messages;

Example—

SMS messaging in the biosecurity emergency area

(iii)automated telephoning.

(3)A biosecurity emergency order must be primarily directed at taking emergency action to isolate the biosecurity emergency area identified in the order, to stop the spread of any biosecurity matter associated with the biosecurity event and, if practicable, to eradicate the biosecurity matter.

(4)The chief executive may make a biosecurity emergency order only if the chief executive is satisfied on reasonable grounds, having regard to the seriousness or potential seriousness of the biosecurity event and the extent of its impact or likely impact, that an emergency response as provided for in the order is necessary.

Examples—

1The chief executive may decide that a biosecurity emergency order is necessary to mitigate the adverse effects of a biosecurity event, including limiting its area of impact.

2The chief executive may decide a biosecurity emergency order is necessary to ensure that a biosecurity event does not take place at all.

(5)However, before making a biosecurity emergency order, the chief executive must consult with the Minister and, if the biosecurity event has or is likely to have a significant impact on human health, must also consult with the chief health officer.

(6)If it has not been practicable to consult with the Minister or the chief health officer under subsection (5), the chief executive must consult as soon as practicable after the making of the biosecurity emergency order.

(7)A biosecurity emergency order is not invalid only because of a failure of the chief executive to comply with subsection (2), (5) or (6).

(8)To remove any doubt, it is declared that subsections (2) to (6) also apply for the amendment or revocation of a biosecurity emergency order, to the greatest practicable extent.

114Matters for inclusion in biosecurity emergency order

(1)A biosecurity emergency order must include provisions that state—

(a)the nature and apparent extent of the biosecurity emergency the subject of the order; and

(b)the area to which the order primarily relates (the biosecurity emergency area for the biosecurity emergency order); and

(c)the duties and obligations imposed on—

(i)occupiers of any place within the biosecurity emergency area or a part of the area; and

(ii)other persons in or in the vicinity of the biosecurity emergency area or a part of the area; and

(d)when the order expires if it is not sooner revoked; and

(e)any conditions relating to the conduct of the response to the biosecurity emergency.

(2)Without limiting subsection (1), a biosecurity emergency order may include any of the following—

(a)a requirement for a person to publish warnings, in a form approved by the chief executive, that particular biosecurity matter or a carrier has had, is having or may have a significant adverse effect on a biosecurity consideration;

(b)a prohibition on dealing with biosecurity matter or a carrier;

(c)a prohibition or restriction on the movement of biosecurity matter or of a carrier—

(i)into the State; or

(ii)into or out of the biosecurity emergency area; or

(iii)into an area adjacent to the biosecurity emergency area, whether or not the movement is out of the biosecurity emergency area; or

(iv)out of an area adjacent to the biosecurity emergency area, whether or not the movement is into the biosecurity emergency area; or

(v)within the biosecurity emergency area;

(d)conditions that must be complied with for movement of a type mentioned in paragraph (c);

(e)requirements for the completion of a movement of a type mentioned in paragraph (c) if the movement is already in progress when the order is made;

Example—

The biosecurity emergency order might require persons to stay where they are, to finish a journey or to return home.

(f)actions required to be taken by a person that are reasonably necessary or desirable to prevent the introduction, establishment or spread of biosecurity matter the subject of the order or to otherwise control or eradicate the biosecurity matter;

(g)requirements for a person (the relevant person), including, for example, an owner of land within the biosecurity emergency area or a person who is in possession or control of a carrier within the biosecurity emergency area—

(i)to treat or destroy biosecurity matter (including biosecurity matter in water) or a carrier; or

(ii)to allow any treatment, destruction, disposal, transport, decontamination or vaccination required under the order to be performed by, or under the direction of, an inspector and at the expense of the relevant person;

(h)a direction that biosecurity matter or a carrier that has been consigned to another person, distributed to another person for sale or sold to another person be recalled in the way, and within the period, stated in the order;

(i)requirements for notifying an inspector about the presence of particular biosecurity matter;

(j)a direction that biosecurity matter or a carrier intended to be used for human or animal consumption or plant production be impounded, isolated or destroyed or otherwise disposed of in the way stated in the order;

(k)an absolute prohibition on the carrying out of an activity in relation to biosecurity matter or a carrier;

(l)a prohibition on the carrying out of an activity in relation to biosecurity matter or a carrier other than in compliance with conditions stated in the order;

(m)requirements for, and conditions applying to, the taking and analysis of samples of biosecurity matter or of a carrier;

(n)methods that must be followed for analysis of samples of biosecurity matter or of a carrier, required to be taken and analysed under the order.

(3)Also, a biosecurity emergency order may—

(a)establish checkpoints (biosecurity emergency checkpoints) within or near the biosecurity emergency area for the order; and

(b)include objective criteria to apply for the stopping and checking of vehicles at the biosecurity emergency checkpoints.

(4)Without limiting the ways in which a biosecurity emergency area may be identified, the area may be identified by reference to any of the following—

(a)an area outlined on a map;

(b)coordinates located using global positioning systems;

(c)real property descriptions;

(d)local government area boundaries or boundaries of divisions within a local government’s area;

(e)electoral boundaries applying for State or Commonwealth elections;

(f)geographical features, including, for example, roads and rivers.

115Effect and duration of biosecurity emergency order

(1)A biosecurity emergency order has effect from when it is made, or from a later time provided for in the order.

(2)Unless it is sooner revoked, a biosecurity emergency order expires on—

(a)the day that is 21 days after the order begins to have effect; or

(b)an earlier day stated in the order for that purpose.

(3)Without limiting the chief executive’s power to revoke a biosecurity emergency order, a movement control order may revoke a biosecurity emergency order.

(4)If any of the following are inconsistent with a biosecurity emergency order, the order prevails to the extent of the inconsistency, while the order is in force—

(a)another provision of this Act or a regulation under this Act;

Example for paragraph (a)—

A biosecurity emergency order prohibiting a person from dealing with biosecurity matter that is restricted animal material may stop a person from feeding the material to a ruminant even if the ruminant were to be fed the material in a way mentioned in section 46
(5).

(b)biosecurity zone regulatory provisions;

(c)a movement control order;

(d)a code of practice.

(5)A permit or other authorisation given under an Act, other than a permit or authorisation given for the purpose of responding to a biosecurity event, is of no effect while a biosecurity emergency order is in force, to the extent it is inconsistent with the biosecurity emergency order.

Example for subsection (5)—

A permit to travel designated animals along a stock route given under legislation relating to the control and management of stock routes would not be effective to authorise travel that is prohibited under a biosecurity emergency order while the order is in force.

(1)A person to whom a biosecurity emergency order applies must comply with the order.

Maximum penalty—2,000 penalty units or 2 years imprisonment.

(2)A person does not commit an offence against subsection (1) if the person—

(a)did not know, and ought not reasonably to have known, of the existence of the order; or

(b)has a reasonable excuse for not complying with the order.

117Power to stop vehicles

(1)An inspector who is also a police officer, or an authorised transport officer, may require the person in control of a vehicle to stop the vehicle at a biosecurity emergency checkpoint, having regard to the objective criteria applying for the stopping and checking of vehicles at the checkpoint.

(2)An inspector who is also a police officer may require the person in control of a vehicle to stop the vehicle other than at a biosecurity emergency checkpoint if the inspector suspects on reasonable grounds that—

(a)the vehicle may be being moved in contravention of a biosecurity emergency order; or

(b)the vehicle may be being used to carry biosecurity matter or a carrier in contravention of a biosecurity emergency order.

(3)A requirement may be made under subsection (1) or (2) in a way prescribed under a regulation.

Example—

A regulation might make provision for the display at a biosecurity emergency checkpoint or other stopping point of signs that can be easily read and understood by the person in control of a vehicle.

(4)A person must comply with a requirement under subsection (1) or (2) unless the person has a reasonable excuse.

Maximum penalty—

(a)for a failure to stop a vehicle at a biosecurity emergency checkpoint—500 penalty units; or

(b)for a failure to stop a vehicle other than at a biosecurity emergency checkpoint—100 penalty units.

(5)A regulation may impose restrictions on the stopping of vehicles by authorised transport officers.

118Inspection of stopped vehicle

(1)This section applies to a vehicle that has been stopped under this division by—

(a)an inspector who is also a police officer; or

(b)an authorised transport officer.

(2)An inspector, or an authorised person acting under the direction of an inspector, may inspect the vehicle to the extent necessary to ensure the vehicle is not carrying biosecurity matter or a carrier in contravention of the biosecurity emergency order.

(3)Also, the inspector or authorised person acting under the direction of an inspector may—

(a)take reasonable steps, including by giving directions to any person, to restrict biosecurity matter or a carrier to within an isolated area; or

(b)give a direction to a person to do any of the following—

(i)stay within an isolated area identified by the inspector or authorised person, or at another stated place, as directed by the inspector or authorised person;

(ii)take biosecurity matter or a carrier to a stated place;

(iii)answer a question, or produce a biosecurity emergency order permit, if giving the direction to answer the question or produce the permit is reasonably necessary to help the inspector or authorised person to assess whether the biosecurity emergency order is being effectively enforced and whether any further emergency action needs to be taken in relation to the biosecurity emergency the subject of the order;

(iv)move, or not move, a vehicle, biosecurity matter or a carrier, into, out of, within or around a stated place.

(4)A person to whom a direction is given under subsection (3) must comply with the direction unless the person has a reasonable excuse.

Maximum penalty—1,000 penalty units or 1 year’s imprisonment.

(5)Unless an authorised officer otherwise directs, a person must not move the vehicle from where it was stopped until an inspector, or an authorised person acting under the direction of an inspector, has—

(a)inspected the vehicle as provided for in subsection (2); and

(b)given approval for the vehicle to leave the place where it was stopped.

Maximum penalty—1,000 penalty units or 1 year’s imprisonment.

(6)An authorised officer is not stopped from exercising a non-emergency power in relation to a vehicle, or any person or thing in or on a vehicle, only because the vehicle was stopped under this division.

Note—

A police officer who is an inspector only for the purposes of provisions of this part would not be able to exercise non-emergency powers.

(7)For this section, it is not necessary for an authorised person to be acting under the direct supervision of an inspector in order for the person to be acting under the direction of the inspector.

(8)In this section—

non-emergency power means a power an authorised officer has under this Act other than under this part.

119Additional powers of inspector for place within a biosecurity emergency area

(1)Without limiting the powers of an inspector otherwise provided for in this Act, an inspector, or an authorised person acting under the direction of an inspector, may, in relation to any place within a biosecurity emergency area for a biosecurity emergency order, and to the extent reasonably necessary for managing the biosecurity emergency the subject of the order, do any of the following—

(a)enter and re-enter the place with or without consent;

(b)if the place is private property, inspect any vehicle at the place;

(c)establish an area on or over the place to isolate biosecurity matter or a carrier;

(d)give a direction restricting a person, biosecurity matter or a carrier to within an isolated area established under paragraph (c), or direct a person to stay at or in another stated place;

(e)direct a person to move biosecurity matter or a carrier from the place to another place;

(f)direct a person at the place to answer questions about the place or anything that has happened at the place;

(g)demolish, or direct a person at the place to demolish, any structure or other property at the place, including, for example, an outbuilding, cage, pen and yard;

(h)clean or disinfect, or direct a person at the place to clean or disinfect, the place or any structure or thing at the place;

(i)destroy, dispose of, vaccinate or treat, or direct a person at the place to destroy, dispose of, vaccinate or treat, biosecurity matter or a carrier at the place;

(j)direct the movement of a person, biosecurity matter, a carrier or a vehicle into, out of, within or around the place;

(k)remove biosecurity matter or a carrier from the place;

(l)make, or direct a person at the place to make, equipment at the place inoperable;

Example—

dismantle the equipment or take away a component of the equipment

(m)direct the occupier of the place to give the inspector or authorised person, or another authorised person, any information or document;

(n)take any other action reasonably necessary for managing the biosecurity emergency.

(2)Subsection (1) does not authorise the entry of a residence.

(3)An inspector or authorised person may exercise a power under subsection (1) only to the extent reasonably necessary for, and only for the purposes of, fulfilling the purpose and ensuring the effectiveness of the biosecurity emergency order.

(4)Subject to subsection (3), an inspector or authorised person may exercise a power under subsection (1) with the help, and using the force, that is necessary and reasonable in the circumstances.

(5)A person to whom a direction is given under subsection (1) must comply with the direction unless the person has a reasonable excuse.

Maximum penalty—1,000 penalty units or 1 year’s imprisonment.

(6)For this section, a place is private property if it is not a place—

(a)that is open to, or used by, the public; or

(b)that the public is entitled to use.

(7)A structure or other property may be demolished, or be directed to be demolished, under subsection (1)(g) only with the written approval of the chief executive.

(8)This section applies to an inspector who is also a police officer, and where appointment as an inspector is made by the chief executive under chapter 10
, part 1
, division 3
, for the purposes of a biosecurity emergency order, only to the extent provided for in the notice providing for the appointment.

(1)It is a reasonable excuse for an individual to fail to answer a question or give information or a document, as directed by an inspector under this division, on the basis that complying with the direction might tend to incriminate the individual or make the individual liable to a penalty.

Note—

This section refers only to an individual on the basis that the privilege to which the section refers applies only to individuals.

(2)However, it is not a reasonable excuse for an individual to fail to give a required document, as directed by an inspector under this division, on the basis that complying with the direction might tend to incriminate the individual or make the individual liable to a penalty.

Note—

This section refers only to an individual on the basis that the privilege to which the section refers applies only to individuals.

(3)Subsections (4) and (5) apply in relation to any of the following (primary evidence)—

(a)any required document for an individual produced or given by an individual to an inspector under this part in response to a direction given by an inspector under this part;

(b)the fact of the production or giving as mentioned in paragraph (a).

(4)The following is not admissible in evidence against an individual in any civil or criminal proceeding—

(a)primary evidence;

(b)any document, information or other thing obtained as a direct or indirect result of primary evidence (derived evidence).

(5)Subsection (4) does not prevent primary evidence or derived evidence being admitted in evidence in criminal proceedings about the falsity or misleading nature of the primary evidence.

(6)In this section—

inspector includes an authorised person acting under the direction of an inspector.

required document, for an individual, means a document that has been issued to the person, or that the individual is required to keep, under this Act.

Division 4Biosecurity emergency order permits

121Biosecurity emergency order permit

(1)This section applies to a person who is subject to the operation of a biosecurity emergency order.

(2)The person may apply to an inspector for a permit (a biosecurity emergency order permit) authorising the person to perform an activity, or not to perform an activity, other than in compliance with the biosecurity emergency order.

(3)The inspector may grant the biosecurity emergency order permit only if the inspector is satisfied in the circumstances that granting the permit—

(a)will not exacerbate the adverse effects or the possible adverse effects of the biosecurity emergency the subject of the biosecurity emergency order; and

(b)will not otherwise be detrimental to the effectiveness of the biosecurity emergency order.

Example of circumstance in which a permit might be granted—

A person who has taken appropriate measures to clean or disinfect machinery may be granted a biosecurity emergency order permit to move the machinery to another place within, or outside, the biosecurity emergency area for the biosecurity emergency order.

(4)A biosecurity emergency order permit may be granted on conditions the inspector considers necessary to ensure the matters stated in subsection (3).

(5)A person who does not comply with a biosecurity emergency order does not commit the offence of failing to comply with the order if the noncompliance is authorised by a biosecurity emergency order permit.

(6)A biosecurity emergency order permit may authorise a person to perform or not to perform—

(a)a stated activity; or

(b)activities of a stated description.

(7)An inspector may at any time, by notice given to the holder of a biosecurity emergency order permit, to preserve the intended purpose and effect of the biosecurity emergency order—

(a)change the conditions of the permit; or

(b)cancel the permit.

(8)An inspector who refuses to grant a biosecurity emergency order permit to a person, grants a biosecurity emergency order permit to a person on conditions, amends the conditions of a person’s biosecurity emergency order permit or cancels a person’s biosecurity emergency order permit must give the person an information notice for the decision to refuse to grant, grant on conditions, amend or cancel.

(9)This section does not apply to an inspector who is also a police officer.

122Offences relating to biosecurity emergency order permits

(1)A person who holds a biosecurity emergency order permit must comply with the conditions of the permit unless the person has a reasonable excuse.

Maximum penalty—1,000 penalty units or 1 year’s imprisonment.

(2)A person who holds a biosecurity emergency order permit must, while acting, or purportedly acting, under the authority of the permit, carry the permit with the person unless the person has a reasonable excuse.

Maximum penalty—100 penalty units.

(3)A person who holds a biosecurity emergency order permit must, if asked to do so by an authorised officer, and unless the person has a reasonable excuse, produce it to the authorised officer for the authorised officer’s inspection—

(a)if the person is at the time of the request acting, or purportedly acting, under the authority of the permit—immediately; or

(b)otherwise—within the shortest practicable time after the request is made.

Maximum penalty—100 penalty units.

Division 5Reports about biosecurity emergencies

123Tabling of report

(1)The Minister must table in the Legislative Assembly a report about a biosecurity emergency the subject of a biosecurity emergency order within 6 months after the biosecurity emergency ends.

(2)The report about the biosecurity emergency must state the following—

(a)the subject matter, nature and extent of the biosecurity emergency;

(b)when and why the biosecurity emergency order was made, when it took effect and when it expired or was revoked;

(c)the biosecurity emergency area for the biosecurity emergency order;

(d)the duties and obligations, for the movement of biosecurity matter or carriers, imposed on—

(i)occupiers of any place within the biosecurity emergency area or a part of the area; and

(ii)other persons in or in the vicinity of the biosecurity emergency area or a part of the area;

(e)any conditions relating to the conduct of the response to the biosecurity emergency;

(f)any other matter the Minister considers appropriate.

Part 2Movement control orders

124Chief executive may make movement control order

(1)The chief executive may, by notice signed by the chief executive and published on the department’s website, make an order (a movement control order) for managing, reducing or eradicating stated biosecurity matter (controlled biosecurity matter for the movement control order) by prohibiting or restricting the movement of biosecurity matter, including controlled biosecurity matter, or of a carrier.

(2)A movement control order may be directed at managing, reducing or eradicating controlled biosecurity matter over a limited period rather than over an extended or indefinite period.

Examples—

A movement control order may be directed at putting in place measures that are to apply in relation to biosecurity matter until biosecurity zone regulatory provisions are made in relation to the biosecurity matter. Also, a movement control order could be a response to the existence of biosecurity matter that is limited in its extent and is able to be eradicated over a short period.

(3)The chief executive may make a movement control order only if the chief executive is satisfied on reasonable grounds that the controlled biosecurity matter under the order poses a biosecurity risk of enough seriousness, and that the risk is high enough, to justify the making of the order.

(4)A movement control order may exclude stated persons, or persons of a particular class, from its operation.

Example—

A movement control order might exclude from its operation a person who has entered into a compliance agreement with the chief executive in relation to controlled biosecurity matter or who is undertaking an industry approved quality assurance program for managing controlled biosecurity matter.

(5)As soon as practicable after making a movement control order, the chief executive must—

(a)publish in the gazette a notice of the making of the movement control order, the order’s subject matter generally and the places where a copy of the order may be obtained; and

(b)take all reasonable steps to ensure that persons likely to be directly affected by the order are made aware of the making of the order, including, for example, by some or all of the following—

(i)advertising in newspapers, on radio and on television;

(ii)electronically using emails or text messages;

Example—

SMS messaging in an area to which the movement control order relates

(iii)automated telephoning.

(6)A movement control order is not invalid only because of a failure of the chief executive to comply with subsection (5).

(7)A movement control order may be preventative in nature in relation to controlled biosecurity matter even if, when the order is made, there is no evidence of the controlled biosecurity matter in an area the subject of the order.

Example—

If a disease is evident in a place outside the State but not within the State, a movement control order could nevertheless be directed at stopping the disease from entering the State.

(8)Unless it is sooner revoked, a movement control order stays in force until 3 months have elapsed after the order is made.

(9)Without limiting the chief executive’s power to revoke a movement control order—

(a)if a movement control order is inconsistent with biosecurity zone regulatory provisions, the biosecurity zone regulatory provisions prevail to the extent of the inconsistency; and

(b)a regulation may revoke a movement control order.

(10)To remove any doubt, it is declared that subsections (2) to (5) also apply for the amendment or revocation of a movement control order, to the greatest practicable extent.

(11)In this section—

manage, biosecurity matter, includes—

(a)prevent its transmission or spread; and

(b)address the biosecurity risk posed by it.

restrict includes allow on conditions.

125Matters for inclusion in movement control order

(1)Without limiting the matters that may be included in a movement control order, a movement control order must include details of each of the following—

(a)why the movement control order is being made;

(b)what the movement control order is intended to achieve;

(c)the areas to which the movement control order relates;

(d)the controlled biosecurity matter for the order, and any other biosecurity matter to which the movement control order relates;

(e)any carrier, including a carrier of a particular type, to which the movement control order relates;

(f)the prohibitions and restrictions that must be complied with by persons to whom the order applies.

(2)Without limiting the ways in which an area the subject of a movement control order may be identified, the area may be identified by reference to any of the following—

(a)an area outlined on a map;

(b)coordinates located using global positioning systems;

(c)real property descriptions;

(d)local government area boundaries or boundaries of divisions within a local government’s area;

(e)electoral boundaries applying for State or Commonwealth elections;

(f)geographical features, including, for example, roads and rivers.

(3)Without limiting how a movement control order may prohibit or restrict the movement of biosecurity matter, including controlled biosecurity matter, or of a carrier, a movement control order may—

(a)prohibit or restrict the movement of biosecurity matter or a carrier—

(i)into or out of the State; or

(ii)into, out of or within a stated area of the State; or

(iii)into an area adjacent to a stated area of the State, as mentioned in subparagraph (ii), whether or not the movement is out of the stated area; or

(iv)out of an area adjacent to a stated area of the State, as mentioned in subparagraph (ii), whether or not the movement is into the stated area; or

(b)impose conditions that must be complied with for movement of a type mentioned in paragraph (a); or

(i)the taking to or removal from a stated area, or the isolating or impounding in a stated area, of any stated biosecurity matter or carrier, including any fodder, grain, gravel, soil, designated animal, machinery and vehicle; or

(ii)what a person may or may not do on land within a stated area; or

(d)impose requirements on a person (the relevant person)—

(i)to inspect or test any biosecurity matter or a carrier; or

(ii)to treat or destroy biosecurity matter (including controlled biosecurity matter and biosecurity matter in water) or a carrier; or

(iii)to clean or disinfect any place, including any structure or thing at a place; or

(iv)for any inspection, testing, treatment, destruction, disposal, transportation, decontamination, cleaning, disinfection or vaccination required under the order to be performed—

A permit or other authorisation given under an Act other than for the purpose of managing, reducing or eradicating biosecurity matter is of no effect, while a movement control order is in force, to the extent it is inconsistent with the movement control order.

Example—

A permit to travel designated animals along a stock route given under legislation relating to the control and management of stock routes would not be effective to authorise travel that is prohibited under a movement control order while the order is in force.

(a)establish the whole or a part of the State as a biosecurity zone for stated biosecurity matter (regulated biosecurity matter for the biosecurity zone regulatory provisions) that may have an adverse effect on a biosecurity consideration; and

(b)include arrangements for managing, reducing or eradicating regulated biosecurity matter in relation to the biosecurity zone or areas outside the biosecurity zone.

Examples—

1Biosecurity zone regulatory provisions might identify a particular variety of plant as regulated biosecurity matter for the provisions and restrict the movement and cultivation of plants of that variety within particular areas of the State to reduce the risk of the introduction and spread of diseases.

2Biosecurity zone regulatory provisions might identify a particular type of tick as regulated biosecurity matter for the provisions and restrict the movement of susceptible animal species between particular areas where the ticks exist and particular areas where the ticks do not exist.

(2)Biosecurity zone regulatory provisions may be directed at managing, reducing or eradicating regulated biosecurity matter over an extended period of time or indefinitely.

(3)Biosecurity zone regulatory provisions may exclude stated persons, or persons of a particular class, from their operation.

Examples—

1Biosecurity zone regulatory provisions might exclude from their operation a person who has entered into a compliance agreement with the chief executive in relation to regulated biosecurity matter.

2Biosecurity zone regulatory provisions might exclude from their operation a person who is undertaking an industry approved quality assurance program for managing regulated biosecurity matter.

(4)The chief executive must ensure that biosecurity zone regulatory provisions are published in full on the department’s website as soon as practicable after they are notified.

(5)A regulation is not invalid only because of a failure of the chief executive to comply with subsection (4).

(6)In this section—

manage, biosecurity matter, includes—

(a)prevent its transmission or spread; and

(b)address the biosecurity risk posed by it.

129Matters for inclusion in biosecurity zone regulatory provisions

(1)Without limiting what may be included in biosecurity zone regulatory provisions, biosecurity zone regulatory provisions may—

(a)prohibit or regulate dealing with biosecurity matter, including regulated biosecurity matter, or a carrier; or

Example—

prohibit or regulate the planting of a particular variety of plant

(b)direct the eradication, in the way stated, of biosecurity matter, including regulated biosecurity matter, or of a carrier; or

(c)authorise the chief executive, by notice signed by the chief executive and published on the department’s website, to provide for either or both of the following—

(i)the establishment of particular areas within the biosecurity zone;

(ii)the application, in relation to areas mentioned in subparagraph (i), or areas otherwise established under the biosecurity zone regulatory provisions, of lesser restrictions than would otherwise apply under the biosecurity zone regulatory provisions; or

(d)prohibit, regulate or require the movement of biosecurity matter, including regulated biosecurity matter, or a carrier, into, out of or within the biosecurity zone; or

Example—

Biosecurity zone regulatory provisions might include a prohibition on bringing designated animals or animal pathogens, of a type identified in the biosecurity zone regulatory provisions, into the biosecurity zone.

(e)prohibit, regulate or require the application of measures to prevent the introduction, establishment or spread of regulated biosecurity matter or otherwise to control the regulated biosecurity matter; or

Example—

Biosecurity zone regulatory provisions might include a requirement that susceptible animal species be treated for regulated biosecurity matter in the form of ticks before the susceptible animal species are taken out of the biosecurity zone.

(f)require that any biosecurity matter, including regulated biosecurity matter, or a carrier be subjected to inspection or testing; or

Example—

Biosecurity zone regulatory provisions might include a requirement that soil be inspected for the presence or absence of regulated biosecurity matter in the form of fire ants before being brought out of the biosecurity zone.

(h)require the keeping and inspection of records about the movement, in the course of the carrying on of business, of biosecurity matter, including regulated biosecurity matter, or of a carrier, into, out of or within the biosecurity zone.

(2)Without limiting the ways in which a biosecurity zone or another area may be identified, the zone or area may be identified by reference to any of the following—

(a)an area outlined on a map;

(b)coordinates located using global positioning systems;

(c)real property descriptions;

(d)local government area boundaries or boundaries of divisions within a local government’s area;

(e)electoral boundaries applying for State or Commonwealth elections;

(f)geographical features, including, for example, roads and rivers.

(3)A notice by the chief executive under subsection (1)(c) can not impose restrictions greater than those otherwise applying under the biosecurity zone regulatory provisions.

130Effect of biosecurity zone regulatory provisions

A permit or other authorisation given under an Act other than for the purpose of managing, reducing or eradicating regulated biosecurity matter in relation to a biosecurity zone or areas outside a biosecurity zone is of no effect, while biosecurity zone regulatory provisions are in force, to the extent it is inconsistent with the provisions.

Example—

A permit to travel designated animals along a stock route given under legislation relating to the control and management of stock routes would not be effective to authorise travel that is prohibited under biosecurity zone regulatory provisions while the provisions are in force.

Part 4Biosecurity instrument permits

131Definition

In this part—

biosecurity instrument means a movement control order or biosecurity zone regulatory provisions.

132Biosecurity instrument permit

(1)This section applies to a person who is subject to the operation of a biosecurity instrument.

(2)The person may apply to an inspector for a permit (a biosecurity instrument permit) authorising the person to perform an activity, or not to perform an activity, other than in compliance with the biosecurity instrument.

Example—

A person might apply to an inspector for a permit authorising the person to move animals that are carriers of regulated biosecurity matter under biosecurity zone regulatory provisions to a place outside the biosecurity zone for the provisions, even though the movement is otherwise prohibited under the provisions.

(3)The inspector may refuse the application if—

(a)the application is for a biosecurity instrument permit authorising the person to move particular biosecurity matter or a particular carrier; and

(b)biosecurity zone regulatory provisions—

(i)regulate the movement of the biosecurity matter or carrier; and

(ii)provide that the biosecurity matter or carrier may be moved if an acceptable biosecurity certificate about a stated matter (the relevant requirement) is given for the biosecurity matter or carrier; and

(c)the inspector is satisfied the person can reasonably obtain an acceptable biosecurity certificate about the relevant requirement for the biosecurity matter or carrier.

Example—

A person’s application for a biosecurity instrument permit authorising the person to move particular banana plants into a biosecurity zone may be refused if—

•biosecurity zone regulatory provisions allow banana plants to be moved into the zone if an acceptable biosecurity certificate, stating that the plants have been the subject of a particular treatment, is given for the plants; and

•the inspector is satisfied the person could reasonably obtain a certificate of that type.

(4)The inspector may grant the biosecurity instrument permit only if the inspector is satisfied in the circumstances that granting the permit—

(a)will not increase the level of the biosecurity risk posed by the regulated or controlled biosecurity matter; and

(b)will not otherwise be detrimental to the effectiveness of the biosecurity instrument.

Examples of circumstances in which a permit might be granted—

1A person who has taken appropriate measures to treat animals that are carriers for a disease that is controlled biosecurity matter under a movement control order might be granted a biosecurity instrument permit to move the animals into an area the subject of the movement control order.

2A person who has entered into a compliance agreement with the chief executive to manage biosecurity matter, but who is not otherwise excluded from the operation of biosecurity zone regulatory provisions relating to that biosecurity matter, might be granted a biosecurity instrument permit not to comply with a requirement included in the biosecurity zone regulatory provisions.

(5)A biosecurity instrument permit may be granted on conditions the inspector considers necessary to ensure the matters stated in subsection (4).

(6)A person who does not comply with a biosecurity instrument does not commit the offence of failing to comply with the instrument if the noncompliance is authorised by a biosecurity instrument permit granted under this part.

(7)A biosecurity instrument permit may authorise a person to perform or not to perform—

(a)a stated activity; or

(b)activities of a stated description.

(8)An inspector may at any time, by notice given to the holder of a biosecurity instrument permit, to preserve the intended purpose and effect of the biosecurity instrument—

(a)change the conditions of the permit; or

(b)cancel the permit.

(9)An inspector who refuses to grant a biosecurity instrument permit to a person, grants a biosecurity instrument permit to a person on conditions, amends the conditions of a person’s biosecurity instrument permit or cancels a person’s biosecurity instrument permit must give the person an information notice for the decision to refuse to grant, grant on conditions, amend or cancel.

(10)A biosecurity instrument permit can not authorise a person to perform an activity, or not to perform an activity, other than in compliance with a biosecurity emergency order.

(1)A person who holds a biosecurity instrument permit must comply with the conditions of the permit unless the person has a reasonable excuse.

Maximum penalty—2,000 penalty units or 1 year’s imprisonment.

(2)A person who holds a biosecurity instrument permit must, while acting, or purportedly acting, under the authority of the permit, carry the permit with the person unless the person has a reasonable excuse.

Maximum penalty—100 penalty units.

(3)A person who holds a biosecurity instrument permit must, if asked to do so by an authorised officer, and unless the person has a reasonable excuse, produce it to the authorised officer for the authorised officer’s inspection—

(a)if the person is at the time of the request acting, or purportedly acting, under the authority of the permit—immediately; or

(b)otherwise—within the shortest practicable time after the request is made.

The threshold amount, of designated biosecurity matter, is the amount prescribed under a regulation as the threshold amount for the designated biosecurity matter.

139Who keeps a designated animal

(1)A person keeps a designated animal if the person effectively has responsibility for the care and control of the animal, whether or not the care and control is exercised through an agent or employee of the person.

(2)However, if at any time it is not reasonably practicable to identify who is the keeper of a designated animal under subsection (1), the person who at law has title to the animal is the person who keeps the animal.

(3)Each of subsections (4) and (5) identifies a person who, in addition to the person who, under subsection (1) or (2), keeps a designated animal, could also be a keeper of the animal.

(b)the relevant person has final responsibility for the operation of the holding facility whether or not the operation of the facility is carried out through an agent or employee of the relevant person.

(a)the animal is being travelled on a stock route, or is on a reserve for the travelling of designated animals in association with their being travelled on a stock route; and

(b)the relevant person has final responsibility for the travelling of the animal on the stock route, whether or not the travelling of the animal is carried out through an agent or employee of the relevant person.

140Who holds designated biosecurity matter

(1)A person holds designated biosecurity matter if the person is effectively in day-to-day control of the biosecurity matter, whether or not that control is exercised personally or through an agent or employee.

(2)However, if at any time it is not reasonably practicable to identify who is the holder of designated biosecurity matter under subsection (1), the person who at law has title to the biosecurity matter is the person who holds the biosecurity matter.

141What is a registrable biosecurity entity

(1)A person is a registrable biosecurity entity if the person—

(a)keeps the threshold number or more of designated animals; or

(b)holds the threshold amount or more of designated biosecurity matter.

(2)For subsection (1), it does not matter whether the keeping or holding happens at 1 place or 2 or more places in the State.

(3)However, for identifying a registrable biosecurity entity, 2 or more persons could, taken together, be a registrable biosecurity entity even though 1 of those persons, acting separately, could be a separate registrable biosecurity entity.

Example for subsection (3)—

Persons A and B, acting in partnership, keep pigs. A and B together are a registrable biosecurity entity for the keeping of those pigs. Additionally, person A, acting alone and outside of the partnership, keeps other pigs. Person A is a separate registrable biosecurity entity for the keeping of the other pigs.

142What is a biosecurity circumstance

A biosecurity circumstance is—

(a)the keeping of designated animals; or

(b)the holding of designated biosecurity matter.

143Who is the occupier of a place

(1)The occupier of a place is the person who, whether or not the owner of the place, is the person who is effectively in day-to-day control of the place, whether or not that control is exercised through an agent or employee.

(2)However, if at any time it is not reasonably practicable to decide who is the occupier of a place under subsection (1), the person who is the owner of the place is also the occupier of the place.

144Who is the NLIS administrator

The NLIS administrator is the entity approved by the chief executive, by gazette notice, as the administrator of the database for the NLIS.

Part 2Registration and related requirements

Division 1Registration of registrable biosecurity entities

145Registrable biosecurity entity must apply for registration

(1)A registrable biosecurity entity must, in compliance with this part, and unless the person has a reasonable excuse, apply for registration under this part unless the chief executive has given a registration exemption for the entity.

Maximum penalty—100 penalty units.

(2)The obligation under subsection (1) to apply for registration commences immediately a person becomes a registrable biosecurity entity, and must be complied with within 14 days after the obligation commences or within any longer period approved by the chief executive under this section.

(3)If a person is a registrable biosecurity entity because of each of 2 or more biosecurity circumstances, the person must apply for registration for each of the circumstances.

Example—

A corporation keeps 30 cattle and 20 pigs and holds more than the threshold amount of designated biosecurity matter, therefore providing 3 biosecurity circumstances because of which the corporation is a registrable biosecurity entity. The corporation must apply for registration under this part for each of the 3 circumstances.

(4)However, the entity may combine the applications in the 1 application document.

(5)An entity may apply to the chief executive to approve a longer period for applying for registration.

(6)An application under subsection (5) must be made in the approved form.

(7)The chief executive may decide the application by—

(a)approving the longer period applied for; or

(b)approving a period less than that applied for; or

(c)approving a longer period on conditions; or

(d)refusing to approve a longer period.

(8)If the chief executive acts under subsection (7)(b), (c) or (d), the chief executive must give the entity an information notice for the decision on the application.

146Approval for registrable biosecurity entity to remain unregistered

(1)A registrable biosecurity entity may apply to the chief executive for exemption (a registration exemption for the entity) from the requirement that the entity apply for registration under this part.

(2)The application must be in the approved form.

(3)The approval may be given only if the chief executive is satisfied that no biosecurity circumstance applying to the entity poses a biosecurity risk.

(4)If the chief executive decides to refuse the application, the chief executive must give the applicant an information notice for the decision to refuse the application.

147Application for registration before becoming a registrable biosecurity entity

(1)A person who is not a registrable biosecurity entity for a biosecurity circumstance, but reasonably expects to become a registrable biosecurity entity for the circumstance, may apply for registration under this part as if the person were a registrable biosecurity entity for the circumstance.

(2)Subsection (3) applies if, on a day (the relevant day)—

(a)a person expects, or ought reasonably to expect, that the person will, for an event period, be a registrable biosecurity entity for a biosecurity circumstance; and

(b)the person is not a registered biosecurity entity for the biosecurity circumstance for the event period.

(3)The person must, as required under subsection (4) and unless the person has a reasonable excuse, apply for registration under this part for the biosecurity circumstance as if the person were a registrable biosecurity entity for the circumstance.

Maximum penalty—100 penalty units.

Example of a person to whom subsection (3) might apply—

A person operates a place as a cattle saleyard on an occasional basis, but the person does not hold a current registration under this part for the keeping of cattle at the saleyard. However, the person is planning to hold a sale at the saleyard for 2 days, starting in 30 days. The person is about to advertise the sale and fully expects the sale to proceed as planned.

(4)The application must be made as soon as reasonably practicable but, unless it is not reasonably practicable, must be made before the commencement of the event period.

(5)In this section—

event period means a period, of not more than 14 days—

(a)starting after the relevant day; and

(b)ending before the end of the 90 days immediately following the relevant day.

(1)An application for the registration of a registrable biosecurity entity must—

(a)be in the approved form; and

(b)be made to the chief executive by the entity; and

(c)state all of the following details (the designated details for the entity)—

(i)to the extent reasonably practicable, the real property description, address, local government area and any name, of each place (each a designated place) where the keeping of designated animals or the holding of designated biosecurity matter happens or may happen;

(ii)the name, address and contact details of the entity;

(iii)if the applicant is not the occupier of a designated place—the name, address and contact details of the occupier of the place;

(iv)whether the occupier of any designated place is also the owner of the designated place, and, if not, the name, address and contact details of the owner of the designated place;

(v)the approximate numbers of each type of designated animal;

(vi)to the extent the application relates to the holding of designated biosecurity matter—the approximate area of the land on which the biosecurity matter is held, and any other matters about the land prescribed under a regulation; and

(d)include any information of which the applicant is aware that could help the chief executive decide whether—

(i)a place the subject of the application should be declared as a restricted place; or

(ii)designated animals at a place the subject of the application should be declared as restricted animals; or

(iii)designated biosecurity matter at a place the subject of the application should be declared as restricted biosecurity matter; and

(e)be accompanied by the fee prescribed under a regulation; and

(f)be accompanied by evidence the chief executive reasonably requires that the person identified in the application as the registrable biosecurity entity is the appropriate person to make the application.

(2)To the extent the application relates to the keeping of bees, subsection (1)(c) does not apply and the designated details for the registrable biosecurity entity are—

(a)a statement that the application relates to the keeping of bees; and

(1)This section applies if the chief executive considers a person is, or is likely to become, a registrable biosecurity entity.

(2)The chief executive may register the person under this part—

(a)even though the person has not applied for registration; and

(b)even if the person can be expected to be a registrable biosecurity entity only on a temporary basis.

(3)However, before registering the person under this part, the chief executive must—

(a)give the person a notice stating—

(i)that the chief executive proposes to register the person because the person is, or is likely to become, a registrable biosecurity entity; and

(ii)the registration details the chief executive proposes to include in the biosecurity register for the person if the person becomes a registrable biosecurity entity, to the extent the details are known by the chief executive; and

(iii)a reasonable period within which the person may make written submissions to the chief executive about whether the person is, or is likely to become, a registrable biosecurity entity; and

(b)consider any written submission made by the person within the stated period.

(4)On registering the person as a registered biosecurity entity in the biosecurity register, the chief executive must—

(a)advise the person of the registration; and

(b)give the person an information notice for—

(i)the chief executive’s decision to register the person without having received an application for registration; and

(1)This section applies if the chief executive registers a person as a registered biosecurity entity under this part for the person’s keeping of designated animals other than bees.

(2)The chief executive must allocate a property identification code (a PIC) to any designated place the subject of the registration unless a PIC has already been allocated to the place because of another registration under this part.

(3)The chief executive may give a registered biosecurity entity a PIC other than for a designated place, and include the PIC in the biosecurity register, if the chief executive is satisfied it is necessary for the integrity of the NLIS.

(4)The chief executive must take any action the chief executive considers appropriate, including by cancelling or replacing a PIC and amending the biosecurity register accordingly, to ensure to the greatest practicable extent that any 1 place the details of which are recorded in the register has only 1 PIC that is unique to that place.

(5)If the chief executive takes any action under subsection (4) that affects the registration details of a registered biosecurity entity, the chief executive must give the entity an information notice for the decision to take the action.

(6)Subject to other requirements of this chapter relating to PICs, a PIC may take any form the chief executive considers appropriate.

152Registered biosecurity entity may apply for deregistration

(1)If a person that is a registered biosecurity entity ceases to be a registrable biosecurity entity for a biosecurity circumstance, the person may apply to the chief executive for the person’s deregistration as a registered biosecurity entity for the circumstance.

(2)The application must be in the approved form.

(3)The chief executive must remove the person from the biosecurity register if satisfied the person is no longer a registrable biosecurity entity for the biosecurity circumstance.

(4)Otherwise, the chief executive must refuse the application.

(5)If the chief executive decides to refuse the application, the chief executive must give the applicant for deregistration an information notice for the decision to refuse.

153Registered biosecurity entity to be given proof of registration

(1)The chief executive may give a registered biosecurity entity proof of the entity’s registration in the form approved by the chief executive.

(2)The chief executive must give a registered biosecurity entity proof of registration as mentioned in subsection (1) if the entity asks for it.

154No transfer of registration

A registered biosecurity entity’s registration can not be transferred.

155Term of registration

(1)The term of the registration of a registered biosecurity entity is the term decided by the chief executive, having regard to the circumstances of the entity, but must not be more than 3 years.

(2)If the term of a registration is made up of 2 or more separate periods, the separate periods must be within a period of not more than 3 years.

Example for subsection (2)—

An agricultural show society becomes registered as a registered biosecurity entity for the keeping of various designated animals for a 2-week period at the same time each year. The term of the registration could not be more than 3 of those 2-week periods.

156Renewal of registration

(1)When the term of a registration as a registered biosecurity entity ends, the chief executive must renew the registration unless the chief executive has been otherwise advised by the entity.

(2)If the chief executive renews a registration as a registered biosecurity entity under subsection (1), the chief executive must require the registered biosecurity entity—

(a)to pay the prescribed fee for renewal of the registration; or

(b)to advise the chief executive why the entity no longer needs to be registered as a registered biosecurity entity.

(3)Subsection (1) does not stop the chief executive from at any time requiring a registered biosecurity entity to give the chief executive information the chief executive reasonably requires for confirming the continuing accuracy of any aspect of the entity’s registration details.

(4)A registered biosecurity entity must comply with a requirement made to the entity under subsection (2) or (3) unless the entity has a reasonable excuse.

Maximum penalty—100 penalty units.

Division 2Special provisions relating to the keeping of bees

157Keeping of bees in a hive

A person must not keep bees unless the bees are kept in a hive.

Maximum penalty—50 penalty units.

158Allocation of HIN

(1)If the chief executive registers a registrable biosecurity entity under this part for the entity’s keeping of bees, the chief executive must allocate a hive identification number (a HIN) to the entity for the entity’s hives.

(2)The chief executive must take any action the chief executive considers appropriate, including by cancelling or replacing a HIN and amending the biosecurity register accordingly, to ensure to the greatest practicable extent that a registered biosecurity entity has only 1 HIN that is unique to the entity’s hives.

(3)If the chief executive takes any action under subsection (2) that affects the registration details of a registered biosecurity entity, the chief executive must give the entity an information notice for the decision to take the action.

(4)A HIN may take any form the chief executive considers appropriate.

(5)A registered biosecurity entity that has a HIN allocated to it by the chief executive must ensure that the hives the entity uses for the keeping of bees are marked or branded with the HIN, in the way prescribed under a regulation, to the following extent—

(a)for each group of 50 hives—at least 1 hive in the group must be marked or branded;

(b)subject to paragraph (a), for any group of less than 50 hives—at least 1 hive in the group must be marked or branded.

Maximum penalty—50 penalty units.

159Display of information about registered biosecurity entity

(1)This section applies if hives that a registered biosecurity entity uses for the keeping of bees are located other than on land that is or that is adjacent to land that is residential land of the entity.

(2)The entity must, on 1 of the hives, or in a conspicuous place within the hives, display a notice that complies with the requirements, and contains the information relating to the entity’s registration under this part, prescribed under a regulation.

Maximum penalty—20 penalty units.

(3)In this section—

residential land, of a registered biosecurity entity, means land on which is located the usual place of residence of—

(1)This section applies if the chief executive is satisfied on reasonable grounds that a particular place could pose a biosecurity risk.

Example—

The presence of contaminants consisting of heavy metals in soil at a place means plants grown at the place could contain unacceptable levels of the contaminants that could enter the food chain.

(2)The chief executive may, by making an entry in the biosecurity register—

(a)declare the place to be a restricted place; and

(b)declare how use of the place is to be restricted; and

(c)declare the restrictions applying to dealings with designated animals that are at the place while the place is declared to be a restricted place; and

(d)declare the restrictions applying to dealings with designated biosecurity matter that is at the place while the place is declared to be a restricted place; and

(e)declare the restrictions applying to dealings with carriers of biosecurity matter that are at the place while the place is declared to be a restricted place.

Example—

If the place is declared to be a restricted place because of the presence of a disease in soil at the place, a restriction may be that agricultural machinery (for example, a tractor) that is at the place when the declaration is made, or that is moved to the place while the declaration is in effect, must not be moved from the place until it has been decontaminated in a particular way.

Note—

See section 169
(2) for the details that must be included in the biosecurity register in relation to the restricted place.

(3)A restriction declared under subsection (2)(c) or (d) may continue to apply to dealings with the designated animals or designated biosecurity matter even though the declaration of the place as a restricted place has ended.

Example—

If the place is declared to be a restricted place because of the presence of contaminants consisting of heavy metals in soil at the place, a restriction may be that a designated animal that is at the place when the declaration is made, or that is moved to the place while the declaration is in effect, must not be sent to a meat processing place to be slaughtered until it has been pastured for a stated period on a place that is not a restricted place. If the declaration of the place as a restricted place ends before the animal has been pastured for the stated period on a place that is not a restricted place, the restriction on sending the animal to a meat processing place continues to apply.

(4)The entry and declarations may be made on the chief executive’s own initiative or because of a biosecurity risk notice.

(5)For subsection (2), it does not matter whether the place is or is not a designated place for an entity’s registration as a registered biosecurity entity.

(6)If the chief executive makes an entry and declarations under subsection (2), the chief executive must give each of the following an information notice for the decision to make the entry and declarations—

(a)the occupier of the place;

(b)if the occupier of the place is not the owner of the place—the owner;

(c)any entity that is, or is reasonably expected to become, a registered biosecurity entity and for whom the place is, or is reasonably expected to be, for the entity’s registration, a designated place.

(1)While a place is a restricted place, a person must not perform any activity in relation to the place that contravenes any restriction recorded in the biosecurity register under section 161
(2)(b) about how the place is to be used.

Maximum penalty—800 penalty units.

(2)A person does not commit an offence against subsection (1) for the performance of an activity if the person—

(a)did not know, and ought not reasonably to have known, of the existence of the restriction; or

(b)has a reasonable excuse for the performance of the activity.

(3)A person must not deal with a designated animal in a way that contravenes a restriction recorded in the biosecurity register under section 161
(2)(c) on dealings with the animal.

Maximum penalty—800 penalty units.

(4)A person does not commit an offence against subsection (3) by dealing with a designated animal in a way that contravenes a restriction if the person—

(a)did not know, and ought not reasonably to have known, of the existence of the restriction; or

(b)has a reasonable excuse for dealing with the designated animal in that way.

(5)A person must not deal with designated biosecurity matter in a way that contravenes a restriction recorded in the biosecurity register under section 161
(2)(d) on dealings with the matter.

Maximum penalty—800 penalty units.

(6)A person does not commit an offence against subsection (5) by dealing with designated biosecurity matter in a way that contravenes a restriction if the person—

(a)did not know, and ought not reasonably to have known, of the existence of the restriction; or

(b)has a reasonable excuse for dealing with the designated biosecurity matter in that way.

(7)A person must not deal with a carrier of biosecurity matter in a way that contravenes a restriction recorded in the biosecurity register under section 161
(2)(e) on dealings with the carrier.

Maximum penalty—800 penalty units.

(8)A person does not commit an offence against subsection (7) by dealing with a carrier of biosecurity matter in a way that contravenes a restriction if the person—

(a)did not know, and ought not reasonably to have known, of the existence of the restriction; or

(1)This section applies if the chief executive is satisfied on reasonable grounds that a designated animal could pose a biosecurity risk.

Examples of a designated animal that could pose a biosecurity risk—

•a designated animal that has been contaminated with lead

•a designated animal that has been contaminated with organochlorides and has left the place at which it became contaminated before the place was declared to be a restricted place

(2)The chief executive may, by making an entry in the biosecurity register—

(a)declare the designated animal to be a restricted animal; and

(b)declare restrictions on dealings with the designated animal.

Note—

See section 169
(3) for the details that must be included in the biosecurity register in relation to the restricted animal.

(3)The entry and declarations may be made on the chief executive’s own initiative or because of a biosecurity risk notice.

(4)If the chief executive makes an entry and declarations under subsection (2), the chief executive must give each of the following an information notice for the decision to make the entry and declarations—

(a)the registered biosecurity entity for the place where the designated animal is being kept;

(b)the occupier of the place where the designated animal is being kept;

(1)This section applies if the chief executive is satisfied on reasonable grounds that designated biosecurity matter could pose a biosecurity risk.

Note—

See section 136
in relation to biosecurity matter that may be prescribed by regulation as designated biosecurity matter.

(2)The chief executive may, by making an entry in the biosecurity register—

(a)declare the designated biosecurity matter to be restricted biosecurity matter; and

(b)declare restrictions on dealings with the designated biosecurity matter.

Note—

See section 169
(4) for the details that must be included in the biosecurity register in relation to the restricted biosecurity matter.

(3)The entry and declarations may be made on the chief executive’s own initiative or because of a biosecurity risk notice.

(4)If the chief executive makes an entry and declarations under subsection (2), the chief executive must give each of the following an information notice for the decision to make the entry and declarations—

(a)the registered biosecurity entity for the place where the designated biosecurity matter is being kept;

(b)the occupier of the place where the designated biosecurity matter is being kept;

(1)The chief executive may end the declaration of a place as a restricted place when the chief executive is satisfied the place no longer poses a biosecurity risk.

(2)A declaration ends when the chief executive—

(a)if the entry in the biosecurity register that makes the declaration includes 1 or more restrictions declared under section 161
(2)(c) or (d) that apply after the declaration of the place as a restricted place has ended—amends the entry to record that the declaration has ended; or

Note—

A restriction declared under section 161
(2)(c) or (d) may apply after the declaration of the place as a restricted place has ended. See section 161
(3).

(b)otherwise—removes the entry making the declaration from the biosecurity register.

(3)The chief executive may remove an entry amended under subsection (2)(a) from the biosecurity register when each restriction mentioned in the subsection stops applying.

(4)The chief executive may end a declaration—

(a)on the chief executive’s own initiative; or

(b)on an application made under this subdivision for the declaration to be ended.

(2)A person may make an application under subsection (1) only if the person is—

(a)the occupier of the place; or

(b)the owner of the place; or

(c)any entity that is, or is reasonably expected to become, a registered biosecurity entity and for whom the place is, or is reasonably expected to be, for the entity’s registration, a designated place.

(1)Before deciding the application, the chief executive may, by notice to the applicant, require the applicant to give the chief executive, within the reasonable period of at least 30 days stated in the notice, further information or a document the chief executive reasonably requires to decide the application.

(2)The applicant is taken to have withdrawn the application if, within the stated period, the applicant does not comply with the requirement.

(3)A notice under subsection (1) must be given to the applicant within 30 days after the chief executive receives the application.

(4)The information or document under subsection (1) must, if the notice requires, be verified by statutory declaration.

166Decision on application

(1)The chief executive must consider the application and decide to grant, or refuse to grant, the application.

(2)If the chief executive decides to refuse the application, the chief executive must give the applicant an information notice for the decision.

(3)If the chief executive decides to grant the application, the chief executive must—

(a)advise the applicant of the decision; and

(b)as soon as practicable, remove the entry from the biosecurity register; and

(c)advise the applicant when the entry is removed from the biosecurity register.

167Failure to decide application

(1)Subject to subsections (2) and (3), if the chief executive fails to decide the application within 30 days of its receipt, the failure is taken to be a decision by the chief executive to refuse to grant the application.

(2)Subsection (3) applies if the chief executive has, under section 165
(1), required the applicant to give the chief executive further information or a document.

(3)The chief executive is taken to have refused the application if the chief executive does not decide the application within 30 days after the chief executive receives the further information or document.

(4)If the application is taken to be refused under this section, the applicant is entitled to be given an information notice by the chief executive for the decision.

(1)The biosecurity register must include, for each registered biosecurity entity in relation to each biosecurity circumstance for which the entity is a registered biosecurity entity, all of the following details (the registration details)—

171Correction and updating of biosecurity register for registered biosecurity entities

(1)The chief executive may correct the designated details for a registered biosecurity entity if satisfied that—

(a)the designated details are incorrect as registered; or

(b)the correction is necessary to ensure the traceability of designated animals or designated biosecurity matter.

(2)The correction may be made at the chief executive’s own initiative, at the registered biosecurity entity’s request, or because of a change notice.

(3)If a correction is made at the chief executive’s own initiative, and without a registered biosecurity entity’s request or consent and not because of a change notice to the extent the change notice is about the entity’s designated details, the chief executive must give the entity an information notice for the decision to make the correction.

(4)If the chief executive is given a change notice, the chief executive must refuse to correct the designated details in compliance with the change notice to the extent the chief executive is satisfied that, in the circumstances, a further application for registration under this part should be made.

(5)In this section—

correct includes amend, and for a PIC or HIN, cancelling and replacing it.

(1)On application by a person (the applicant) and payment of the fee prescribed by regulation, the chief executive may, under subsection (2), (3), (4) or (5), give the applicant a copy of information held in the biosecurity register.

(2)The applicant may be given a copy of information relating to a registered biosecurity entity only if the information—

(a)is required to be published on the department’s website under section 172
(1)(a); or

(b)has been published on the department’s website under section 172
(1)(b).

(3)The applicant may be given a copy of information relating to a restricted place only if—

(a)the applicant is—

(i)an owner or occupier of the place; or

(ii)a registered biosecurity entity for the place; or

(b)the owner of the place gives written consent for the applicant to be given the information; or

(c)the information has been published on the department’s website under section 172
(2); or

(d)disclosing the information to the applicant is required or permitted under this Act or another Act.

(4)The applicant may be given a copy of information relating to a restricted animal only if—

(a)the applicant is—

(i)a person who keeps the animal; or

(ii)an occupier of the place where the animal is being kept; or

(iii)the owner of the animal; or

(b)the owner of the animal gives written consent for the applicant to be given the information; or

(c)the information has been published on the department’s website under section 172
(2); or

(d)disclosing the information to the applicant is required or permitted under this Act or another Act.

(5)The applicant may be given a copy of information relating to restricted biosecurity matter only if—

(a)the applicant is—

(i)a person who keeps the matter; or

(ii)an occupier of the place where the matter is being kept; or

(iii)the owner of the matter; or

(b)the owner of the matter gives written consent for the applicant to be given the information; or

(c)the information has been published on the department’s website under section 172
(2); or

(d)disclosing the information to the applicant is required or permitted under this Act or another Act.

(6)Despite subsections (1) to (5), the chief executive may, on the chief executive’s own initiative, give a person a copy of all or part of the information held in the biosecurity register if—

(a)the person is the NLIS administrator; or

(b)the person is carrying out functions under an Act administered by the department or under a law of another State or the Commonwealth that provides for the same or similar matters as an Act administered by the department; or

(c)the chief executive is satisfied disclosing the details to the person in the circumstances—

(i)is essential for the administration of a program under this Act relating to the control of animal health or accreditation; or

(ii)will contribute to the traceability of designated animals or designated biosecurity matter or of disease; or

(iii)will contribute to compliance with a standard under this Act relating to market access or reporting or product integrity.

(7)The information mentioned in subsection (6) may be given subject to conditions the chief executive considers appropriate.

Example of a condition for subsection (7)—

Information may be given to the NLIS administrator on the condition that the NLIS administrator gives the chief executive access to information from the database for the NLIS.

(a)may be fitted to a special designated animal for use in distinguishing the special designated animal from all other animals; and

(b)complies with the technical requirements decided by the chief executive as applying to tags or other identifying devices or marks to be fitted to special designated animals.

175Meaning of fit

For this part—

fit, to an animal, other than in relation to a tag, includes the following—

(a)brand or tattoo the animal;

(b)insert into the animal.

176Chief executive may approve different devices for different animals or circumstances

(1)The chief executive may decide different specifications for approved devices to be fitted to different types of special designated animals.

(2)The specifications must state the technical requirements for a device and may also provide for any of the following—

(a)the type of special designated animal to which the device may be fitted;

(b)the circumstances that must apply to a special designated animal before the device may be fitted to the animal;

(c)the purposes for which the device may be fitted to a special designated animal.

(3)The chief executive must publish the specifications on the department’s website.

(4)In deciding the specifications, the chief executive must, to the greatest practicable extent, comply with the provisions of a relevant code of practice, including, for example, provisions about the following—

(a)the testing of tags for suitability for fitting to an animal;

(b)the purposes of different types of tags;

(c)the positioning of tags fitted to special designated animals;

(d)conditions for the re-use, recycling and destruction of tags.

177What is a suitable approved device

An approved device is a suitable approved device for a special designated animal if it is suitable to be fitted to the animal having regard to the specifications decided by the chief executive for the device.

178Only suitable approved device to be fitted

(1)A person must not fit an approved device to a special designated animal if the device is not a suitable approved device for the animal.

Maximum penalty—100 penalty units.

(2)A person does not commit an offence against subsection (1) if the person—

(a)did not know, and ought not reasonably to have known, that the device was not a suitable approved device; or

(b)has a reasonable excuse for fitting the device.

Division 2Approved device requirement and travel approvals

179Approved device requirement

(1)This section applies to a person if—

(a)the person is a registrable biosecurity entity; and

(b)the biosecurity circumstance for which the person is a registrable biosecurity entity is or includes the keeping of a special designated animal at a place (the place of origin).

(2)The person must ensure that, if the special designated animal is moved from the place of origin, the animal is fitted with a suitable approved device for the animal unless the person has a reasonable excuse.

Maximum penalty—100 penalty units.

(3)Subsection (2) applies even if the person is not a registered biosecurity entity for the keeping of the special designated animal.

180Exemptions from approved device requirement

A person does not commit an offence against the approved device requirement in relation to the movement of a special designated animal if—

(a)all of the following apply—

(i)the movement of the special designated animal is to a place that is a neighbouring place to the place of origin;

(ii)the movement is for ordinary animal management purposes only;

Examples of ordinary animal management purposes—

dipping, branding and vaccinating

(iii)the person intends that the special designated animal be returned to the place of origin within 48 hours after arriving at the neighbouring place; or

(b)the lack of the fitted suitable approved device applies only for the first part of the movement, and the first part of the movement is to a place—

(i)that is a neighbouring place to the place of origin; and

(ii)that is a place where the approved device can be fitted; or

Example—

The neighbouring place, unlike the place of origin, is equipped with appropriate facilities for fitting the approved device.

(c)the special designated animal is a goat and all of the following apply—

(i)the first part of the movement of the animal is direct from a place where it is living in a wild state to a place (a sorting place) where it is held for the purposes of collection and sorting;

(ii)the second part of the movement of the animal is direct from the sorting place to a meat processing facility;

(iii)the movement otherwise complies with the movement requirements prescribed under a regulation; or

(d)the special designated animal is a goat or pig and all of the following apply—

(i)the first part of the movement of the animal is direct to a sporting event from a place (the relevant place);

(ii)no other animals are present at the sporting event, other than goats and pigs from the relevant place;

(iii)the second part of the movement of the animal is direct from the sporting event to the relevant place; or

Examples of a sporting event—

billy goat race, pig race

(e)the person holds an approval (a travel approval) for the movement and all conditions of the travel approval are complied with.

181Obtaining a travel approval

(1)A person may apply to the chief executive for a travel approval for the movement of a special designated animal.

(2)The application must be in the approved form.

(3)The chief executive may grant the travel approval only if the chief executive is satisfied that—

(a)the special designated animal can be traced under the NLIS; and

(b)the movement does not pose a biosecurity risk.

(4)The chief executive may ask the applicant for further information or documents to decide the application.

(5)The chief executive must grant the travel approval, with or without conditions, or refuse the travel approval.

(6)If the chief executive decides to grant the travel approval without conditions, the chief executive must give the applicant a written travel approval.

(7)If the chief executive decides to grant the travel approval on conditions, the chief executive must give the applicant—

(a)a written travel approval that includes the conditions; and

(b)an information notice for the decision to grant the approval on the conditions.

(8)If the chief executive decides to refuse to grant the travel approval, the chief executive must give the applicant an information notice for the decision to refuse.

182Failure to decide travel approval application

(1)Subject to subsections (2) and (3), if the chief executive fails to decide an application under section 181
within 30 days of its receipt, the failure is taken to be a decision by the chief executive to refuse to grant the application.

(2)Subsection (3) applies if the chief executive has, under section 181
(4), required the applicant to give the chief executive further information or a document.

(3)The chief executive is taken to have refused the application if the chief executive does not decide the application within 30 days after the chief executive receives the further information or document.

(4)If the application is taken to be refused under this section, the applicant is entitled to be given an information notice by the chief executive for the decision.

Division 3Receiving special designated animals

Subdivision 1Preliminary

183Definitions for div 3

In this division—

prescribed information means the information prescribed under a regulation for a reporting requirement.

reporting requirement means a requirement under this division to give the NLIS administrator information about a special designated animal.

restricted agricultural show means an agricultural show to which at least 1 of the following apply—

(a)the duration of the agricultural show is no more than 96 hours;

(b)there are not more than 500 special designated animals required to be fitted with an approved device that includes a microchip that are present at the agricultural show at any 1 time;

(c)all special designated animals required to be fitted with an approved device that includes a microchip that are present at the agricultural show have most recently been kept at the same place.

184Meaning of moving from another place

A reference in this division to a person taking delivery at a place of an animal that has been moved to the place from another place includes a reference to an animal that has been moved to the place where delivery is taken on a movement that did not involve its delivery to any other person.

Example—

An animal is moved along stock routes and is returned to the place where it started.

Subdivision 2Receiver requirement to advise NLIS administrator

185Application of sdiv 2

This subdivision applies if—

(a)a person (the receiver) takes delivery at a place of a special designated animal that has been moved to the place from another place; and

(b)under the approved device requirement, the animal was required, for the movement, to be fitted with an approved device; and

(c)on the taking of delivery of the animal, the receiver is, or becomes, a registrable biosecurity entity for the keeping of the animal.

186Special designated animal delivered to meat processing facility

(1)If the receiver takes delivery of the special designated animal at a meat processing facility, the receiver must, unless the receiver has a reasonable excuse—

(a)within 48 hours after taking delivery of the animal at the facility, give the NLIS administrator the prescribed information; and

(b)within 48 hours after the slaughter of the animal, give the NLIS administrator the prescribed information.

Maximum penalty—100 penalty units.

(2)Subsection (1)(a) does not apply if, on taking delivery of the animal at the meat processing facility, the receiver reasonably expects the animal to be slaughtered within 5 days after its arrival.

Notes—

1For changes to the timing for reporting if the receiver becomes a registrable entity on taking delivery, see section 191
.

2For other exceptions to the reporting requirement under this section, see section 192
.

187Special designated animal delivered to saleyard or live export holding

If the receiver takes delivery of the special designated animal at a saleyard or live export holding, the receiver must, unless the receiver has a reasonable excuse—

(a)within 48 hours after taking delivery of the animal at the saleyard or live export holding, give the NLIS administrator the prescribed information; and

(b)within 48 hours after the animal is moved from the saleyard or from the live export holding to a place outside Australia, give the NLIS administrator the prescribed information.

Maximum penalty—100 penalty units.

Notes—

1For changes to the timing for reporting if the receiver becomes a registrable entity on taking delivery, see section 191
.

2For exceptions to the reporting requirement under this section, see section 192
.

(a)the special designated animal is fitted with an approved device that includes a microchip; and

(b)the receiver takes delivery of the animal in the receiver’s capacity as an entity that organises or otherwise holds an event that is a restricted agricultural show; and

(c)the animal will remain at the restricted agricultural show only for the period reasonably necessary for the animal’s use in the restricted agricultural show, unless the receiver has a reasonable excuse for keeping the animal at the restricted agricultural show for a longer period.

(2)The receiver must, unless the receiver has a reasonable excuse, within 48 hours after taking delivery of the special designated animal, give the NLIS administrator the prescribed information.

Maximum penalty—100 penalty units.

Notes—

1For changes to the timing for reporting if the receiver becomes a registrable entity on taking delivery, see section 191
.

2For exceptions to the reporting requirement under this section, see section 192
.

189Special designated animal moved from restricted agricultural show

(1)This section applies if—

(a)the special designated animal is fitted with an approved device that includes a microchip; and

(b)the receiver takes delivery of the animal at the place and the place is not a show place; and

(c)the animal has been moved to the place from a show place (the relevant show place).

(2)The receiver must, unless the receiver has a reasonable excuse, within 48 hours after taking delivery of the special designated animal, give the NLIS administrator the prescribed information.

Maximum penalty—100 penalty units.

(3)However, the receiver is not required to comply with subsection (2) if the special designated animal leaves the relevant show place and returns to the place where the animal was most recently kept before it was present at any show place.

Notes—

1For changes to the timing for reporting if the receiver becomes a registrable entity on taking delivery, see section 191
.

2For other exceptions to the reporting requirement under this section, see section 192
.

(4)In this section—

show place means a place for the holding of a restricted agricultural show.

(2)If the receiver takes delivery of the special designated animal at the place, the receiver must, unless the receiver has a reasonable excuse, within 48 hours after taking delivery of the animal, give the NLIS administrator the prescribed information.

Maximum penalty—100 penalty units.

(3)However, the receiver is not required to comply with subsection (2) to the extent the receiver takes delivery of the special designated animal in the receiver’s capacity as—

(a)an owner or occupier of the place that is a place on which the animal is agisted if the owner or occupier is not the owner of the animal; or

(b)a conveyor or drover of the animal.

(4)If subsection (3) applies, the responsible person for the special designated animal must, unless the responsible person has a reasonable excuse, within 48 hours after the receiver takes delivery of the animal, give the NLIS administrator the prescribed information.

Maximum penalty—100 penalty units.

Notes—

1For changes to the timing for reporting if the receiver becomes a registrable entity on taking delivery, see section 191
.

2For other exceptions to the reporting requirement under this section, see section 192
.

(5)In this section—

responsible person, for a special designated animal, means the person who at law has title to the animal, or who otherwise has final responsibility for the animal.

(1)This section applies if, on the taking of delivery of the special designated animal, the receiver becomes a registrable biosecurity entity for the keeping of the animal but has not yet obtained registration under part 2
of this chapter.

(2)The period of 48 hours mentioned in each of sections 186
to 190
does not start until the receiver obtains the registration.

192Exceptions to reporting requirements

Sections 186 to 190 do not apply if—

(a)a person has advised the NLIS administrator of the relevant prescribed information before the special designated animal is moved to or from the place; or

(b)the special designated animal, because of the approved device requirement, is required to be fitted with a suitable approved device that includes a microchip but the animal is not fitted with the device before the receiver takes delivery of the animal at the place.

Subdivision 3Receiver requirement to advise inspector

193Particular special designated animal not fitted with suitable approved device

(1)This section applies if—

(a)a person (the relevant person) takes delivery at a place of a special designated animal that has been moved from another place; and

(b)because of the approved device requirement, the animal should have been fitted with a suitable approved device at some time before the relevant person took delivery; and

(c)the animal is not fitted with a suitable approved device.

(2)The relevant person must, within 24 hours after taking delivery of the special designated animal, and unless the relevant person has a reasonable excuse, advise an inspector of the circumstances mentioned in subsection (1).

Maximum penalty—100 penalty units.

(3)The relevant person must comply with all reasonable directions the inspector gives the relevant person for ensuring appropriate identification of the special designated animal unless the relevant person has a reasonable excuse.

Maximum penalty—100 penalty units.

(4)Without limiting subsection (3), reasonable directions may include a direction for the relevant person to fit the special designated animal with an approved device.

(5)A person is not required to comply with subsection (2) to the extent the person takes delivery of the special designated animal in the person’s capacity as a conveyor or drover of the animal.

(6)It is not a reasonable excuse for the relevant person to fail to comply with subsection (2) or (3) that the relevant person is not a registered biosecurity entity for the keeping of the special designated animal.

Division 4Movement records

194Movement record requirement

(1)This section applies to a person (the relevant person) who is a registrable biosecurity entity for the keeping of a designated animal, whether or not the person is also a registered biosecurity entity for the keeping of the animal.

(2)The relevant person must ensure that, if the animal is moved from the place where the animal is kept—

(a)there is created, before the movement starts, a record of the proposed movement (the movement record) in the appropriate form; and

(b)if the animal is a special designated animal, or if a biosecurity emergency order, movement control order or biosecurity zone regulatory provision provides that this section applies to the movement—any person who is the conveyor or drover of the animal for the purposes of the movement has, in the conveyor’s or drover’s possession, before the movement starts, a copy of the movement record.

Maximum penalty—200 penalty units.

(3)The relevant person is not required to comply with subsection (2) if—

(a)the movement of the animal is to or from a place that is a neighbouring place to the place where the movement starts; and

(b)the movement is for ordinary stock management purposes, other than for the purpose of collecting or returning the animal because it has strayed; and

(c)the movement does not require a biosecurity instrument permit.

(3A)Also, the relevant person is not required to comply with subsection (2) if the animal is kept under an exhibited animal authority and the movement is allowed under the authority.

(4)Subsection (5) applies to the conveyor or drover of an animal for a movement if, under this section—

(a)a movement record is required for the movement; and

(b)the relevant person is required to ensure that the conveyor or drover has, in the conveyor’s or drover’s possession, before the movement starts, a copy of the movement record.

(5)The conveyor or drover must not proceed for the purposes of the movement if the conveyor or drover does not have, in the conveyor’s or drover’s possession, before the movement starts, a copy of the movement record.

Maximum penalty—200 penalty units.

(6)A single movement record may be created for the same proposed movement of 2 or more animals to which this section applies.

(7)A person who fails to comply with subsection (2) or (5) does not commit an offence against the subsection if the person has a reasonable excuse for the failure to comply.

(1)For the movement record requirement, a movement record that relates to the movement of a designated animal is in the appropriate form if it is a document in hard copy or electronic form that clearly sets out the following information—

(a)the name of the person completing the record;

(b)details sufficient to identify the place from which the designated animal is being moved;

(c)where the designated animal is being moved to, and the name and address of the person who is to receive the animal;

(d)the proposed date of the movement of the designated animal;

(e)the species and breed of the designated animal;

(f)a description of the designated animal or, if the animal is part of a group of designated animals that are moved from the place where the animals are kept, a description of the group, including, for example, any distinguishing marks or features on the animal or group that may be sufficient to identify the animal or group;

(g)other information prescribed under a regulation.

(2)Also, to be in the appropriate form, a movement record for a designated animal that is a special designated animal must—

(a)be signed by the individual completing the record unless the record is created and kept only in electronic form; and

(b)bear a serial number that is unique for the record; and

(c)state the PIC shown on any approved device that does not include a microchip that is fitted to the animal.

(3)A single document, whether in hard copy or electronic form, may be used for more than 1 movement record if the movements relate to a designated animal other than a special designated animal.

196Relaxation of movement record requirement for multiple conveyances

(1)Nothing in this division is intended to stop 2 or more special designated animals being included in the 1 movement record if all the animals are conveyed between the same places at the same time.

(2)However, subject to subsections (3) to (6), special designated animals may be conveyed under a single movement record even though there are 2 or more conveyances.

(3)All the special designated animals must leave the same starting point within a period of 24 hours.

(4)The driver of each vehicle conveying any of the special designated animals must carry a certificate—

(a)either in hard copy or electronic form; and

(b)signed by a person required or authorised to create the movement record unless the certificate is in electronic form.

(5)The certificate must—

(a)state the number of special designated animals on the vehicle; and

(b)identify the movement record relating to the movement of all the special designated animals; and

(c)state the start and end points for the movement that are to appear on the movement record.

(6)The movement record must be completed before the first of the special designated animals leaves the starting point for the movement.

197Keeping and producing movement record

(1)This section applies to a person (the relevant person) who is required under the movement record requirement to ensure a movement record is created.

(a)if the designated animal is a special designated animal—keep a copy of the movement record for 5 years after the movement started; or

(b)otherwise—keep the movement record for 2 years after the movement started.

Maximum penalty—200 penalty units.

(3)The relevant person must, at any time in the period that applies under subsection (2), unless the person has a reasonable excuse, produce the copy or record to an inspector for inspection if the inspector asks to see it.

Maximum penalty—200 penalty units.

198Movement record for receiving designated animal

(1)Subsections (2) and (3) apply if—

(a)a designated animal is moved from 1 place to another; and

(b)under this division, a movement record is required to be completed for the movement; and

(c)the relevant person under the movement record requirement is required to ensure that a conveyor or drover of the animal has, in the conveyor’s or drover’s possession, a copy of the movement record.

(2)A person must not accept delivery of the animal, or, if the movement record requirement is relaxed under section 196
, must not accept delivery of the animals, at the completion of the movement, unless the person also takes delivery of a copy of the movement record.

Maximum penalty—200 penalty units.

(3)A person who takes delivery of a copy of a movement record as required under subsection (2) must keep the copy for 5 years after the movement started.

Maximum penalty—200 penalty units.

(4)Subsection (5) applies if—

(a)a designated animal is moved from 1 place to another; and

(b)under this division, a movement record is required to be created for the movement; and

(c)the relevant person under the movement record requirement is not required to ensure that a conveyor or drover of the animal has, in the conveyor’s or drover’s possession, a copy of the movement record.

(5)A person who accepts delivery of the animal at the end of the movement must create, and keep for 2 years after the movement started, a record complying with subsection (6).

Maximum penalty—200 penalty units.

(6)The record may be a document in hard copy or electronic form and must show the following—

(a)the name of the person completing the record;

(b)details sufficient to identify the place from which the designated animal was moved;

(c)where the animal was moved to, and the name and address of the person who received the animal;

(d)when the movement of the animal happened;

(e)the species and breed of the animal;

(f)a description of the designated animal or, if the animal is part of a group of designated animals that are moved, a description of the group, including, for example, any distinguishing marks or features on the animal or group that may be sufficient to identify the animal or group;

(g)other information prescribed under a regulation.

(7)A person required to keep the copy of a movement record for a period under subsection (3), or a record for a period under subsection (5), must, at any time in the period, produce the copy or record to an inspector for inspection if the inspector asks to see it.

Maximum penalty—200 penalty units.

(8)A person who fails to comply with subsection (2), (3), (5) or (7) does not commit an offence against the subsection if the person has a reasonable excuse for the failure to comply.

(9)A person is not required to comply with subsection (5) if the person accepts delivery of the animal in the person’s capacity as a person having responsibility for the organisation and operation of an agricultural show and is required under section 199
to keep a record in relation to the animal.

199Show organiser to record designated animal movements

(1)A person (the relevant person) having responsibility for the organisation and operation of an agricultural show must keep, for 2 years after a designated animal arrives at the agricultural show, a record in the appropriate form for the designated animal.

Maximum penalty—200 penalty units.

(2)For subsection (1), a record is in the appropriate form if it is a document in hard copy or electronic form that clearly sets out the following information for a designated animal—

(a)where the designated animal came from;

(b)when the designated animal arrived at the agricultural show;

(c)when the designated animal left the agricultural show;

(d)a description of the designated animal or, if the animal is part of a group of designated animals that arrived at the agricultural show, a description of the group, including, for example, any distinguishing marks or features on the animal or group that may be sufficient to identify the animal or group;

(e)the name and address of the person who kept the designated animal immediately before the animal arrived at the agricultural show;

(f)the name and address of the person who will be keeping the designated animal immediately after the animal leaves the agricultural show;

(g)for a designated animal fitted with an approved device that does not include a microchip—the PIC shown on the device for the animal;

(h)for a designated animal that participated in an event at the agricultural show—the date of the event.

(3)The relevant person is required to comply with subsection (1) whether or not the person is a registrable biosecurity entity for the keeping of the designated animal, and whether or not the person is required to comply with the movement record requirement for any movement of the designated animal.

(4)A person who fails to comply with subsection (1) does not commit an offence against the subsection if the person has a reasonable excuse for the failure to comply.

(5)This section applies to a designated animal that is caused to be present at the agricultural show at any time for the purpose, whether or not the purpose is fulfilled, of being exhibited at the show or of participating in an event at the show.

200False, misleading or incomplete movement record

A person who is required under the movement record requirement to ensure a movement record is created must, unless the person has a reasonable excuse, ensure the movement record does not contain information that the person knows or ought reasonably to know is false, misleading or incomplete in a material particular.

Maximum penalty—200 penalty units.

Division 5Other requirements for approved devices

201Supply of device for use as an approved device

(1)A person must not supply to another person a device of any kind for use as an approved device if the person knows, or ought reasonably to know, the device is not an approved device.

Maximum penalty—200 penalty units.

Example of a circumstance where a person ought reasonably to know a device is not an approved device—

The chief executive’s specifications for a type of device require the PIC of the place where an animal is to be kept to be recorded on the type of device but a device of that type is supplied without the PIC recorded.

(2)A person (the supplier) must not supply to another person (the purchaser), other than the State, a device of any kind for use as an approved device unless the purchaser has first given the supplier a written order for the supply of the device.

Maximum penalty—200 penalty units.

(3)A person (also the purchaser) must not receive from another person (also the supplier) a device of any kind for use as an approved device unless the purchaser has first given the supplier a written order for the supply of the device.

Maximum penalty—200 penalty units.

(4)A person (also the supplier) who supplies to another person (also the purchaser), other than the State, a device of any kind for use as an approved device must—

(a)make a record of the following information—

(i)the name and address of the purchaser;

(ii)the day the device was supplied to the purchaser;

(iii)any PIC recorded on or shown by the relevant device;

(iv)if other devices were supplied to the purchaser in the 1 transaction—how many devices were supplied in total;

(v)if the written order for the supply of the device has an expiry date—the expiry date; and

(b)keep the record for 5 years after the date of supply; and

(c)at any time in the 5 years mentioned in paragraph (b), unless the supplier has a reasonable excuse, produce the record to an inspector for inspection if the inspector asks to see it.

Maximum penalty—200 penalty units.

202Restriction on applying or removing approved device

(1)A person must not fit an approved device (the new approved device) to a special designated animal that is already fitted with an approved device (the existing approved device) that is in the form of a tag unless—

(a)the existing approved device is first removed from the special designated animal as authorised under this section; or

(b)under the specifications decided by the chief executive for the new approved device, the new approved device is a suitable approved device for fitting to the special designated animal despite the fitting of the existing approved device.

Maximum penalty—100 penalty units.

(2)A person may remove from a special designated animal an approved device fitted to the animal and in the form of a tag if—

(a)an inspector authorises the removal; or

(b)the device is malfunctioning and needs to be replaced; or

(c)under the specifications for the device as decided by the chief executive, the device is no longer a suitable approved device for the special designated animal, and a suitable approved device for the animal is to be fitted to the animal; or

(d)the removal is part of the process of slaughtering the special designated animal at a meat processing facility; or

(e)the special designated animal is dead and the animal’s owner removes the tag; or

(f)the removal of the device is authorised under a regulation.

(3)A person must not remove from a special designated animal an approved device fitted to the animal and in the form of a tag unless the removal is authorised under subsection (2).

Maximum penalty—100 penalty units.

(4)Subsection (5) applies to a person if—

(a)the person removes an approved device (also the existing approved device) from a special designated animal under subsection (2)(a), (b) or (c); and

(b)a suitable approved device for the special designated animal (also the new approved device) is fitted to the animal in its place.

(b)if the existing approved device includes a microchip—the RFID number of the microchip; and

(c)the PIC of the place where there is kept the special designated animal to which the device is to be fitted.

Maximum penalty—100 penalty units.

203Restrictions on altering, defacing or destroying approved device

(1)A person must not alter or deface an approved device or allow an approved device to be altered or defaced, unless—

(a)the alteration or defacing happens because of the removal of the device from a special designated animal; and

(b)the removal is permitted or required under this Act.

Maximum penalty—200 penalty units.

(2)A person must not destroy an approved device, or allow an approved device to be destroyed, unless—

(a)the destruction happens because of the removal of the device from a special designated animal and the removal is permitted or required under this Act; or

(b)the destruction—

(i)happens before the device is fitted to any special designated animal; or

(ii)is otherwise permitted or required under this Act.

Maximum penalty—200 penalty units.

(3)A person does not commit an offence against subsection (1) if the person has a reasonable excuse for performing or allowing the alteration or defacement.

(4)In this section—

alter, an approved device, includes, for an approved device that is in the form of an electronic tag, doing anything that causes the device to malfunction.

204Requirement to destroy removed approved device

(1)This section applies if a person, as permitted or required under this Act, removes from a special designated animal an approved device fitted to the animal.

(2)The person must, as soon as reasonably practicable after the removal, destroy the approved device.

Maximum penalty—100 penalty units.

(3)However, if the specifications decided by the chief executive for the approved device allow for the recycling or re-use of the device, the person does not commit an offence against subsection (2) if the person, within a reasonable period, takes steps to recycle or re-use the device in compliance with any requirements stated in the specifications.

(4)If, having regard to subsection (3) the approved device is not destroyed as otherwise required under subsection (2), the person must, until the approved device is recycled or re-used, take reasonable steps to ensure the device is kept secure against theft.

Maximum penalty—100 penalty units.

205Approval to use different PIC for approved device for special designated animal

(1)A registered biosecurity entity for the keeping of special designated animals, other than the operator of a saleyard, may apply to the chief executive for approval for the approved devices that are to be fitted to the animals to have recorded on them the PIC of a place other than the place where the special designated animals are kept.

(2)The application must be written and state the serial numbers of the approved devices.

(3)The chief executive must advise the applicant of the chief executive’s decision on the application, and if the chief executive decides to refuse the application, the chief executive must give the applicant an information notice for the decision.

(1)This section applies to a proceeding under or relating to this Act.

(2)A certificate purporting to be signed by the chief executive stating that a stated document is a copy of all or part of any of the following on a stated day or during a stated period, is evidence of the matters stated in the document on the day or during the period—

(a)the biosecurity register;

(b)the database for the NLIS.

207Person must not give false or misleading information to NLIS administrator

A person who under this Act is required to give information to the NLIS administrator must not, unless the person has a reasonable excuse, give the NLIS administrator information that the person knows or ought reasonably to know is false or misleading in a material particular.

Maximum penalty—1,000 penalty units or 1 year’s imprisonment.

Chapter 8Prohibited matter and restricted matter permits

Part 1Preliminary

208Issue of prohibited and restricted matter permits

The chief executive may issue prohibited matter permits and restricted matter permits under this chapter.

209What is a prohibited matter permit

A prohibited matter permit is a permit that authorises stated dealings with stated prohibited matter.

210What is a restricted matter permit

A restricted matter permit is a permit that authorises stated dealings with stated restricted matter.

211Types of prohibited matter permits

The only types of prohibited matter permits that the chief executive may issue are the following—

(a)a scientific research (prohibited matter) permit;

(b)a controlled dealings (prohibited matter) permit;

(c)another type of prohibited matter permit prescribed under a regulation.

212Types of restricted matter permits

The only types of restricted matter permits that the chief executive may issue are the following—

(a)a biological control permit;

(b)a commercial use permit;

(c)a scientific research (restricted matter) permit;

(d)another type of restricted matter permit prescribed under a regulation.

213What is a permit plan for prohibited or restricted matter

(1)A permit plan, for prohibited matter or restricted matter, is a plan given to the chief executive by the applicant for a prohibited matter or restricted matter permit about how the applicant proposes to deal with the prohibited or restricted matter the subject of the proposed permit.

(2)A permit plan for prohibited or restricted matter must—

(a)identify potential biosecurity risks likely to arise because of the proposed dealing with the prohibited or restricted matter under the permit; and

(b)state the ways in which the applicant for the permit intends to minimise the biosecurity risks; and

(c)contain other information, relating to the control of biosecurity risks, prescribed under a regulation.

(3)Also, if a permit plan relates to restricted matter, and the restricted matter would, in the absence of the proposed permit, be required to be disposed of or destroyed, the permit plan must state how the restricted matter is to be disposed of or destroyed before the term of the permit ends.

Part 2Permit applications

214Applying for permit

(1)A person may apply to the chief executive for a prohibited matter permit or restricted matter permit.

(2)The application must—

(a)be in the approved form; and

(b)be accompanied by—

(i)a permit plan for the prohibited matter or restricted matter under the proposed permit; and

(ii)the application fee prescribed under a regulation.

(3)If the application is for a scientific research (prohibited matter) permit, there must be included with the application—

(a)a document showing that the proposed dealings with prohibited matter will be conducted in a facility that has been approved, certified or registered to perform the dealings by an authority prescribed under a regulation; and

(b)a detailed research proposal.

(4)The applicant may withdraw the application at any time before the permit is issued.

(5)The application fee that accompanied the application is not refundable if the applicant withdraws the application, or if the application is taken to be withdrawn under this chapter.

(6)However, the chief executive may waive payment of the application fee if the chief executive is satisfied—

(a)the proposed dealings with prohibited or restricted matter are aimed at controlling or eradicating the matter; and

(b)the applicant will not derive any financial benefit from the dealings; and

(c)the chief executive will be advised of the progress and outcomes of the dealings.

215Inquiry about application

(1)Before deciding the application, the chief executive—

(a)may make inquiries to decide the suitability of the applicant to hold the prohibited matter or restricted matter permit; and

(b)may, by notice given to the applicant, require the applicant to give the chief executive within the reasonable period of at least 30 days stated in the notice, further information or a document the chief executive reasonably requires to decide the application.

(2)The applicant is taken to have withdrawn the application if, within the stated period, the applicant does not comply with a requirement under subsection (1)(b).

(3)A notice under subsection (1)(b) must be given to the applicant within 30 days after the chief executive receives the application.

(4)The information or document under subsection (1)(b) must, if the notice requires, be verified by statutory declaration.

216Suitability of person to hold permit

In deciding whether the applicant is a suitable person to hold the prohibited matter or restricted matter permit, the chief executive may have regard to the following—

(a)whether the applicant has been refused a prohibited matter or restricted matter permit under this Act or a similar permit under a repealed Act or a corresponding law to this Act;

(b)whether the applicant held a prohibited matter or restricted matter permit under this Act, or a similar permit under a repealed Act or a corresponding law to this Act, that was suspended or cancelled;

(c)whether the applicant or, if the applicant is a corporation or an incorporated association, whether an executive officer of the corporation or a member of the association’s management committee has a conviction for a relevant biosecurity offence, other than a spent conviction;

(d)any other matter the chief executive considers relevant to the person’s ability to deal with prohibited or restricted matter under the permit applied for, including the applicant’s capacity to comply with any conditions of the permit.

Part 3Deciding application

217Consideration of application

The chief executive must consider the application and grant, grant with conditions or refuse to grant the application.

218Decision on application

(1)If the chief executive decides to grant the application, the chief executive must issue the permit to the applicant.

(2)If the chief executive refuses to grant the application, or agrees to grant the application on conditions other than those applied for, the chief executive must as soon as practicable give the applicant an information notice for the decision to refuse or to grant on conditions.

219Failure to decide application

(1)Subject to subsections (2) and (3), if the chief executive fails to decide the application within 30 days after its receipt, the failure is taken to be a decision by the chief executive to refuse to grant the application.

(2)Subsection (3) applies if—

(a)a person has made an application for a prohibited matter permit or restricted matter permit; and

(b)the chief executive has, under section 215
(1)(b), required the applicant to give the chief executive further information or a document.

(3)The chief executive is taken to have refused to grant the application if the chief executive does not decide the application within 30 days after the chief executive receives the further information or document.

(4)If the application is taken to be refused under this section, the applicant is entitled to be given an information notice by the chief executive for the decision.

220Criteria for decision

(1)The chief executive may grant the application only if satisfied—

(a)the applicant is a suitable person to hold the prohibited matter or restricted matter permit; and

(b)potential biosecurity risks posed by the proposed dealings with prohibited matter or restricted matter under the permit can be managed under the permit plan for the application in a way that has appropriate regard to biosecurity considerations.

(2)The chief executive must also be satisfied—

(a)if the application is for a scientific research (prohibited matter) permit—the proposed dealings with the prohibited matter will be conducted—

(i)in a facility that has been approved, certified or registered to perform the dealings; and

(ii)by an authority prescribed under a regulation; or

(b)if the application is for a controlled dealings (prohibited matter) permit—

(i)an inspector has been advised, under section 36
, of the presence of biosecurity matter that is prohibited matter; and

(ii)the proposed dealings with prohibited matter under the permit are consistent with isolating and stopping the spread of the prohibited matter or, if practicable, eradicating the prohibited matter.

(1)In deciding an application for a scientific research (prohibited matter) permit, the chief executive must have regard to the following—

(a)any standards, codes of practice or guidelines identified under a regulation;

Example—

A regulation might identify an Australian Standard regarding engineering requirements for laboratories or a code of practice regarding calibrations and testing in laboratories.

(b)the likelihood of any significant advances in scientific knowledge being gained because of the research to be conducted under the permit;

(c)other matters relevant to the conduct of scientific research conducted under a prohibited matter permit and prescribed under a regulation.

(2)Subsection (1) does not limit the matters to which the chief executive may have regard in deciding whether to issue a scientific research (prohibited matter) permit.

Part 4Term and conditions of permits

222Term of permit

A prohibited matter or restricted matter permit remains in force, unless sooner suspended or cancelled, for the term of not more than 3 years decided by the chief executive and stated in the permit.

223Conditions of permit decided by the chief executive

(1)A prohibited matter or restricted matter permit is subject to the conditions decided by the chief executive in deciding to grant the application for the permit.

(2)The conditions must be those the chief executive considers appropriate, having regard to—

(a)the prohibited matter or restricted matter to which the permit applies; and

(b)the nature of the proposed dealings with the prohibited or restricted matter under the permit.

(3)Without limiting subsection (2), conditions may be about any of the following—

(a)the required level of containment for the prohibited or restricted matter to which the permit applies;

(b)the scope of the permitted dealings with the prohibited or restricted matter;

(c)disposal of the prohibited or restricted matter;

(d)record-keeping requirements;

(e)reporting requirements;

(f)whether the permit can be transferred.

(4)The conditions decided by the chief executive must be included in the permit when the permit is issued or renewed.

224Other conditions applying to a permit

(1)It is a condition of a prohibited matter or restricted matter permit that the holder of the permit must allow an authorised officer to enter premises where the dealings under the permit are being undertaken to monitor—

(a)the dealings; and

(b)the holder’s compliance with the permit and this Act in relation to the dealings.

(2)A prohibited matter or restricted matter permit is also subject to any conditions prescribed under a regulation and applying to the permit.

(3)In this section—

premises does not include a place where a person resides.

Part 5Renewal of permits

225Application for renewal

(1)The holder of a prohibited matter or restricted matter permit may apply to the chief executive for renewal of the permit.

(2)The application must—

(a)be made within 60 days before the term of the permit ends; and

(b)be in the approved form; and

(c)be accompanied by the fee prescribed under a regulation.

(3)However, the chief executive may waive payment of the fee if the chief executive is satisfied of the matters mentioned in section 214
(6)(a) to (c).

(4)The chief executive must consider the application and decide to renew, or refuse to renew, the permit.

(5)In deciding the application, the chief executive may have regard to the matters to which the chief executive may have regard in deciding whether an applicant for a prohibited matter or restricted matter permit is a suitable person to hold a prohibited matter or restricted matter permit.

(6)If the chief executive decides to refuse to renew the permit, or to impose conditions on the permit under section 223
, the chief executive must as soon as practicable give the applicant an information notice for the decision.

(7)A permit may be renewed by the issuing of another permit to replace it.

226Inquiry about application

(1)Before deciding an application under this part for renewal of a person’s prohibited matter or restricted matter permit, the chief executive may, by notice given to the applicant, require the applicant to give the chief executive, within the reasonable period of at least 30 days stated in the notice, further information or a document the chief executive reasonably requires to decide the application.

(2)The applicant is taken to have withdrawn the application if, within the stated period, the applicant does not comply with the requirement.

(3)A notice under subsection (1) must be given to the applicant within 30 days after the chief executive receives the application.

(4)The information or document under subsection (1) must, if the notice requires, be verified by statutory declaration.

227Failure to decide application

(1)Subject to subsections (2) and (3), if the chief executive fails to decide the application within 30 days after its receipt, the failure is taken to be a decision by the chief executive to refuse to grant the application.

(2)Subsection (3) applies if—

(a)a person has made an application for renewal of the person’s prohibited matter or restricted matter permit; and

(b)the chief executive has, under section 226
(1), required the applicant to give the chief executive further information or a document.

(3)The chief executive is taken to have refused to grant the application if the chief executive does not decide the application within 30 days after the chief executive receives the further information or document.

(4)If the application is taken to be refused under this section, the applicant is entitled to be given an information notice by the chief executive for the decision.

228Permit continues pending decision about renewal

(1)If the holder of a prohibited matter or restricted matter permit applies for renewal of the permit under this part, the permit is taken to continue in force from the day it would, apart from this section, have ended until the application is decided or, under this part, taken to have been decided or is taken to have been withdrawn.

(2)Despite subsection (1), if the chief executive decides to refuse to renew the permit, or is taken to refuse to renew the permit, the permit continues in force until the information notice for the decision is given to the applicant.

(3)Subsection (1) does not apply if the permit is earlier suspended or cancelled.

229Direction to dispose of prohibited or restricted matter when permit cancelled

(b)the holder of the permit is in possession of prohibited or restricted matter to which the permit relates.

(2)The chief executive may, by notice given to the holder, direct the holder to dispose of the prohibited or restricted matter in the way and by the reasonable date stated in the notice.

(3)The permit holder must comply with the notice unless the holder has a reasonable excuse.

Maximum penalty—1,000 penalty units or 1 year’s imprisonment.

(4)Compensation is not payable for the disposal.

Part 6Transfer of permits

230Transfer of permit

(1)The holder of a prohibited matter or restricted matter permit and a proposed transferee of the permit may jointly apply to the chief executive in the approved form, accompanied by the prescribed fee, for the transfer of the permit to the proposed transferee.

(2)An application may not be made under subsection (1) if a condition of the permit provides that the permit is not transferable.

(3)Whether or not a condition as mentioned in subsection (2) applies to the permit, if the holder of a prohibited matter or restricted matter permit dies, the personal representative of the deceased holder may apply to the chief executive in the approved form for the transfer of the permit to the personal representative as transferee.

(4)The chief executive may transfer a permit on an application under subsection (1) or (3) only if the chief executive is satisfied that there will not, as a result of the transfer, be any substantial change in—

(a)the persons principally involved in dealing with prohibited matter or restricted matter under the permit; and

(b)the dealings with the prohibited matter or restricted matter to which the permit relates.

Example—

The chief executive might agree to a transfer of a prohibited matter permit in association with the sale of a business as a going concern.

(5)Also, the chief executive must be satisfied that the transferee—

(a)is a suitable person to hold the permit; and

(b)has the capacity to ensure that conditions of the permit are complied with.

(6)To decide if the transferee is a suitable person to hold the permit, the chief executive may have regard to the matters mentioned in section 216
.

(7)The chief executive is taken to have refused to transfer the permit if the chief executive does not decide the application within 30 days after the chief executive receives the application.

(8)If the application is taken to be refused under this section, the applicant is entitled to be given an information notice by the chief executive for the decision.

(9)A permit may be transferred by the issuing of another permit to replace it.

(2)The register must contain the following particulars for each permit—

(a)the name of the permit holder;

(b)the term of the permit and its expiry date;

(c)the type of permit;

(d)other information the chief executive considers appropriate.

(3)The register must be published on the department’s website.

(4)On application by a person and payment of the fee prescribed under a regulation, the person may buy a copy of all or part of the information held in the register.

Chapter 9Programs for surveillance, prevention and control

Part 1Preliminary

232Types of biosecurity programs

A biosecurity program is—

(a)a surveillance program; or

(b)a prevention and control program.

233What is a surveillance program

A surveillance program is a program directed at any of the following—

(a)monitoring compliance with this Act in relation to a particular matter to which this Act applies;

Examples—

•monitoring compliance with a code of practice for animal husbandry activities in feedlots in south-east Queensland

•monitoring compliance with a biosecurity zone regulatory provision requiring the keeping of records about movement of soil in a biosecurity zone

•monitoring compliance with the conditions of prohibited matter permits held by persons in north-east Queensland

(b)confirming the presence, or finding out the extent of the presence, in the State or the parts of the State to which the program applies, of the biosecurity matter to which the program relates;

(c)confirming the absence, in the State or the parts of the State to which the program applies, of the biosecurity matter to which the program relates;

(d)monitoring the effects of measures taken in response to a biosecurity risk;

(e)monitoring compliance with requirements about prohibited matter or restricted matter;

(f)monitoring levels of biosecurity matter or levels of biosecurity matter in a carrier.

Example—

monitoring levels of contaminants in animal feed

234What is a prevention and control program

A prevention and control program is a program directed at any of the following—

(a)preventing the entry, establishment or spread of biosecurity matter in an area that poses a significant biosecurity risk;

(b)managing, reducing or eradicating any biosecurity matter in an area that could pose a significant biosecurity risk.

Part 2Authorising and enforcing biosecurity programs

235Authorising and carrying out biosecurity program

(1)Any of the following may authorise and carry out a biosecurity program (a program authorisation)—

(a)the chief executive;

(b)a local government;

(c)the chief executive and 1 or more local governments, if the chief executive officer of each local government agrees;

(d)2 or more local governments, if the chief executive officer of each local government agrees;

(e)an invasive animal board if an operational area is prescribed for the board.

(2)A program authorisation must be authorised—

(a)for a program authorisation made by the chief executive—in writing; or

(b)for a program authorisation made by a local government—by a resolution of the local government; or

(c)for a program authorisation made by an invasive animal board—by a resolution of the board.

(3)However, a program authorisation for a prevention and control program may be made only if each relevant person for the program authorisation is satisfied—

(a)there is, or is likely to be, prohibited matter in an area; or

(b)there is in an area any biosecurity matter that poses or is likely to pose a significant biosecurity risk; or

Examples of biosecurity matter that pose or are likely to pose a significant biosecurity risk—

•a colony of red imported fire ants

•a plague of locusts

•an infestation of water mimosa

(c)measures are required to prevent the entry or establishment in an area of biosecurity matter that poses or is likely to pose a significant biosecurity risk; or

Example of measures required to prevent the entry or establishment in an area of biosecurity matter—

surveillance, and distribution of baits containing pesticide, for red imported fire ants to prevent the ants from becoming established in an area adjacent to a known infested area

(d)after consultation with an industry group or community (each an interested entity), that measures carried out jointly with the interested entity are required to control biosecurity matter in an area that would have a significant effect on members of the interested entity.

(4)Each relevant person for a program authorisation must ensure that each authorised officer who is proposed by the relevant person to act under a biosecurity program is informed of the contents of the program authorisation for the program.

(5)A program authorisation—

(a)if given by a local government—may relate only to places in, and invasive biosecurity matter for, the local government’s area; or

(b)if given by an invasive animal board—may relate only to places in the board’s operational area.

(6)In this section—

relevant person, for a program authorisation, means any 1 or more of the following—

(a)if the chief executive authorised the program—the chief executive;

(b)if a local government authorised the program—the chief executive officer of the local government;

(c)if an invasive animal board authorised the program—the chairperson of the board.

236What program authorisation must state

(1)A program authorisation for a biosecurity program must state each of the following—

(a)the biosecurity matter to which the program relates;

(b)the purpose of the program;

(c)when the program starts;

(d)the period over which the program is to be carried out;

(e)for a biosecurity program that is a surveillance program—

(i)if the program is directed at monitoring compliance with this Act—

(A)objective criteria for selecting places to be entered and inspected; and

(B)a description of the area in which the places are situated; or

(ii)if the program is directed at deciding the presence or extent of the spread of biosecurity matter—

(A)the parts of the State to which it applies; and

(B)if the program applies only to a particular type of place in the State or a part of the State—a description of the type;

(f)for a biosecurity program that is a prevention and control program—

(i)the nature and extent of the program, including—

(A)the parts of the State to which it applies; and

(B)if the program applies only to a particular type of place in the State or a part of the State—a description of the type; and

(ii)if a particular type of place is to be entered and inspected—a description of the type;

(g)the powers an authorised officer may exercise under the program, including the extent to which an authorised officer is to act under the program and the measures an authorised officer may take under the program;

Examples of a measure an authorised officer may take under a surveillance program—

•monitor a manufacturer mixing animal feed and take samples of the feed to check for the presence of restricted animal material or contaminants

•use baits and lures to check for the presence of fruit fly in an area

•trap and test mosquitoes to find carriers of arboviruses

•take samples from cattle to decide the presence or absence of Johne’s disease

Examples of a measure an authorised officer may take under a prevention and control program—

•spray pesticides on a locust swarm

•vaccinate animals to slow the spread of equine influenza

•check land for the presence or absence of red imported fire ants and, if ants are found, distribute baits containing pesticide

(h)the obligations that may be imposed upon a person who is an occupier of a place to which the program applies.

Examples of an obligation for paragraph (h)—

1A person may be required under a program authorisation for a surveillance program to move a herd of cattle from an inaccessible area of the person’s property to allow an authorised officer to monitor the herd for signs of disease.

2A person may be required under a program authorisation for a prevention and control program to inoculate a herd of cattle on the person’s property to prevent disease in the cattle.

(2)The period over which a biosecurity program is to be carried out must be limited to the period reasonably necessary for achieving the program’s purpose.

(1)An authorised officer may do the following, at any reasonable time and at a place situated in an area to which a prevention and control program applies—

(a)direct an occupier of the place to take reasonable steps within a reasonable period to remove or eradicate the biosecurity matter to which the program relates;

(b)destroy the biosecurity matter to which the program relates, or a carrier of the biosecurity matter, if the authorised officer believes on reasonable grounds the biosecurity matter or carrier poses a significant biosecurity risk.

(2)Despite subsection (1)(a), the steps an occupier may be directed to take must be limited to those reasonably necessary for achieving the program’s purpose.

(3)When giving a direction under subsection (1)(a), the authorised officer must give the occupier an offence warning for the direction.

(4)The notice also may be published in another way the person giving the notice considers appropriate, including, for example, by radio or television in the area to which the biosecurity program applies.

(5)However, failure to give the notice to an entity under subsection (3)(a), or to publish the notice under subsection (3)(b), does not affect the validity of the biosecurity program.

(6)The notice must state each of the following—

(a)the purpose and scope of the biosecurity program;

(b)when the biosecurity program starts;

(c)the period over which the biosecurity program is to be carried out;

(d)if the biosecurity program is authorised by the chief executive—

(i)that a copy of the program authorisation for the program is available for inspection or purchase at the department’s head office and regional offices, if any, in the area to which the program applies until the end of the program; and

(ii)the price of a copy of the program;

(e)if the biosecurity program is authorised by a local government—

(i)the name of the local government; and

(ii)that a copy of the program authorisation for the program is available for inspection or purchase at the local government’s public office until the end of the program; and

(iii)the price of a copy of the program;

(f)if the biosecurity program is authorised by an invasive animal board—

(i)the name of the board; and

(ii)that a copy of the program authorisation for the program is available for inspection or purchase at the board’s public office until the end of the program; and

(iii)the price of a copy of the program.

(7)The price of a copy of the program authorisation for a biosecurity program must be no more than the cost of having the copy available for purchase, and, if the copy is posted to the purchaser, the postage cost.

241Access to authorisation

From the start of a biosecurity program until the end of the program, copies of the program authorisation for the program must be available for inspection or purchase at—

(a)if the program is authorised by the chief executive—the department’s head office and the department’s regional offices, if any, in the area to which the program applies; and

(b)if the program is authorised by a local government—the local government’s public office; and

(c)if the biosecurity program is authorised by an invasive animal board—the board’s public office.

Chapter 10Appointment and powers of officers

Part 1General matters about inspectors and authorised persons

Division 1Appointment of inspectors

242Appointment and qualifications

(1)The chief executive may, by instrument in writing, appoint any of the following persons as inspectors—

(a)a public service employee;

(b)an employee of the Commonwealth or another State whose employment ordinarily involves matters about biosecurity;

(c)a person who performs functions related to matters about biosecurity under a law of another country;

(2)Subsection (1) does not limit the ways the office of a person as an inspector ends.

(3)In this section—

condition of office means a condition under which the inspector holds office.

245Resignation

(1)An inspector may resign by signed notice given to the chief executive.

(2)However, if holding office as an inspector is a condition of the inspector holding another office, the inspector may not resign as an inspector without resigning from the other office.

Division 2Appointment of authorised persons

246Appointment and qualifications

(1)The chief executive may appoint any of the following persons as an authorised person—

(a)a public service employee;

(b)a person or member of a class of persons prescribed under a regulation;

(c)a person who has entered into a contract, or is employed by an entity that has entered into a contract, with the chief executive to perform a function under this Act.

(2)The chief executive officer of a local government may appoint any of the following persons as an authorised person for the local government and its area—

(a)an employee of the local government;

(b)if another local government consents—an employee of the other local government;

(c)another person who has entered into a contract, or is employed by an entity that has entered into a contract, with the local government to perform a function under this Act.

(3)The chief executive officers of 2 or more local governments may appoint an employee of, or another person under contract to, 1 of the local governments to be an authorised person for the local governments’ areas.

(4)An invasive animal board may appoint a person as an authorised person.

(5)However, the chief executive, a chief executive officer or an invasive animal board may appoint a person as an authorised person only if the chief executive, the chief executive officer or invasive animal board is satisfied the person is appropriately qualified.

(6)An appointment under this section must be made by written instrument.

247Appointment conditions and limit on powers

(1)An authorised person holds office on any conditions stated in—

(a)the authorised person’s instrument of appointment; or

(b)a signed notice given to the authorised person; or

(c)a regulation.

(2)The instrument of appointment, a signed notice given to the authorised person or a regulation may limit the authorised person’s powers.

(3)In this section—

signed notice means a notice signed by the administering executive.

248When office ends

(1)The office of a person as an authorised person ends if any of the following happens—

(2)Subsection (1) does not limit the ways the office of a person as an authorised person ends.

(3)In this section—

condition of office means a condition under which the authorised person holds office.

249Resignation

(1)An authorised person may resign by signed notice given to the administering executive.

(2)For subsection (1), if a person is appointed as an authorised person by 2 or more chief executive officers, the person may resign by signed notice given to 1 of the chief executive officers.

(3)However, if holding office as an authorised person is a condition of the authorised person holding another office, the authorised person may not resign as an authorised person without resigning from the other office.

(b)under division 2
, to appoint an authorised officer or accredited person under TORUM as an authorised person under this Act.

251Regulation may appoint prescribed class of police officer

(1)A regulation under this Act may provide that each police officer of a class described in the regulation is an inspector under this Act.

Example of regulation—

A regulation may declare that each police officer who is for the time being a member of the unit of the police service known as the stock investigation squad is an inspector under this Act.

(2)A police officer of the class described in the regulation is an inspector under this Act without further appointment.

(3)A regulation under subsection (1) does not limit the operation of the Police Powers and Responsibilities Act 2000
, section 14 in relation to the exercise by a police officer of the powers of an inspector under this Act.

(4)However, subsection (3) does not prevent a regulation under subsection (1) from also limiting an inspector’s exercise of powers under this Act.

252Appointment of police officer as inspector for biosecurity emergency

(1)This section applies for the purposes of a biosecurity emergency order.

(2)The chief executive may by notice signed by the chief executive and published on the department’s website provide that each police officer of a class described in the notice is an inspector under this Act for the purposes of implementation of the biosecurity emergency order.

(3)A police officer of the class described in the notice is an inspector under this Act without further appointment, but—

(a)only while the biosecurity emergency order is in force or for a shorter period stated in the notice; and

(b)only for the purposes of the biosecurity emergency provisions identified in the notice.

(4)Subsection (3) does not limit what may be contained in the notice.

(5)A notice under subsection (2) does not limit the operation of the Police Powers and Responsibilities Act 2000
, section 14 in relation to the exercise by a police officer of the powers of an inspector under the biosecurity emergency provisions.

(6)Before the chief executive makes a notice under subsection (2), the chief executive must consult with the commissioner of the police service about the contents of the proposed notice.

253Appointment of authorised officer or accredited person under TORUM as authorised person for biosecurity emergency

(1)This section applies for the purposes of a biosecurity emergency order.

(2)The chief executive may by notice signed by the chief executive and published on the department’s website provide that each person, other than a police officer, holding appointment as an authorised officer or accredited person under TORUM, chapter 3
, part 2
, and who is of a class described in the notice, is an authorised person under this Act for the purposes of implementation of the biosecurity emergency order.

(3)Each person, other than a police officer, who holds appointment as an authorised officer or accredited person under TORUM, chapter 3
, part 2
and who is of the class described in the notice is an authorised person under this Act without further appointment, but—

(a)only while the biosecurity emergency order is in force or for a shorter period stated in the notice; and

(b)only for the purposes of the biosecurity emergency provisions identified in the notice.

(4)Subsection (3) does not limit what may be contained in the notice.

(5)Before the chief executive makes a notice under subsection (2), the chief executive must consult with the chief executive under TORUM about the contents of the proposed notice.

Division 4General matters about authorised officers

254Powers generally

(1)An authorised officer has the powers given under this Act.

(2)In exercising the powers, the authorised officer is subject to the directions of the administering executive.

255Powers of particular authorised officers limited

(1)An authorised person appointed by the chief executive officer of a local government or by the chief executive officers of 2 or more local governments may exercise the powers of an authorised person under this Act only—

(a)in the local government area or local governments’ areas; and

(b)in relation to invasive biosecurity matter for its area or their areas.

(2)An authorised person appointed by an invasive animal board may exercise the powers of an authorised person under this Act only—

(a)in an area within—

(i)if the board has an operational area—the operational area; or

(ii)otherwise—within 20m of the part of the barrier fence for which the board is responsible; and

(b)in relation to the invasive animal managed by the board.

(3)An authorised officer may exercise the powers of an authorised officer under this Act in relation to a biosecurity program only if the authorised officer is appointed by at least 1 of the entities that authorised the biosecurity program.

256Functions of authorised officers

(1)An authorised officer has the following functions—

(a)to investigate, monitor and enforce compliance with this Act;

(b)to investigate or monitor whether an occasion has arisen for the exercise of powers under this Act;

(c)to facilitate the exercise of powers under this Act;

(d)to help achieve the purposes of this Act by providing advice and information on how the purposes may be achieved.

(2)Subject to this Act, an authorised officer may exercise the powers under this Act for the purpose of these functions.

Division 5Miscellaneous provisions

257References to exercise of powers

If—

(a)a provision of this chapter refers to the exercise of a power by an authorised officer; and

(b)there is no reference to a specific power;

the reference is to the exercise of all or any authorised officers’ powers under this chapter or a warrant, to the extent the powers are relevant.

258Reference to document includes reference to reproductions from electronic document

A reference in this chapter to a document includes a reference to an image or writing—

(a)produced from an electronic document; or

(b)not yet produced, but reasonably capable of being produced, from an electronic document, with or without the aid of another article or device.

Part 2Entry to places by authorised officers

Division 1Power to enter

259General power to enter places

(1)An authorised officer may enter a place if—

(a)an occupier of the place consents under division 2
to the entry and section 267
has been complied with for the occupier; or

(b)it is a public place and the entry is made when it is open to the public; or

(c)the entry is authorised under a warrant and, if there is an occupier of the place, section 277
has been complied with for the occupier; or

(d)it is a place of business that is regulated under this Act and is—

(i)open for carrying on the business; or

(ii)otherwise open for entry; or

(iii)required under this Act to be open for inspection by an authorised officer; or

(a)an authorised officer gives a person a direction under this Act other than under a biosecurity order; and

Example of a direction under this Act—

a direction under a biosecurity program, a biosecurity emergency order or a movement control order

(b)the person fails to take the action required under the direction.

(2)The issuing authority by its employees or agents, or an authorised officer, may at reasonable times enter the place the subject of the direction and take the action at the place that is required under the direction.

(3)If the occupier refuses to consent to the entry, the authorised officer must not enter the place unless the entry is under a warrant.

(4)If the authorised officer is unable to locate an occupier after making a reasonable attempt to do so, the authorised officer may enter the place.

(5)If the authorised officer enters the place after being unable to locate an occupier, the authorised officer must leave a notice in a conspicuous position and in a reasonably secure way stating the date, time and purpose of the entry.

270Entry of place under ss 261 and 262

(1)This section applies to an authorised officer intending to enter a place under section 261
or 262
.

(2)The authorised officer must, before entering the place, make a reasonable attempt to locate an occupier and obtain the occupier’s consent to the entry.

(a)the authorised officer is unable to locate an occupier after making a reasonable attempt to do so; or

(b)the occupier refuses to consent to the entry.

(4)If, after the authorised officer enters the place under subsection (3)(a), the officer finds an occupier present at the place, or if the occupier refuses to consent to the entry, the authorised officer must make reasonable attempts to—

(a)produce the authorised officer’s identity card for the occupier’s inspection; and

(b)inform the occupier—

(i)of the reason for entering the place; and

(ii)that the authorised officer is authorised under this Act to enter the place without the permission of the occupier; and

(iii)if the entry relates to a biosecurity program—

(A)of any steps taken, or to be taken, under the biosecurity program; and

(B)if steps have been taken, or are to be taken—that it is an offence to do anything that interferes with a step taken or to be taken.

(5)If the authorised officer does not find an occupier present at the place, the authorised officer must leave a notice in a conspicuous position and in a reasonably secure way stating the date and time of the entry and information addressing the matters mentioned in subsection (4)(b).

271Entry of place under ss 263 and 264

(1)This section applies to the issuing authority by its employees or agents, or an authorised officer, intending to enter a place under section 263
or 264
.

(2)The person must, before entering the place, make a reasonable attempt to locate an occupier and obtain the occupier’s consent to the entry.

(a)the person is unable to locate an occupier after making a reasonable attempt to do so; or

(b)the occupier refuses to consent to the entry.

(4)If, after the person enters the place under subsection (3)(a), the person finds an occupier present at the place, or if the occupier refuses to consent to the entry, the person must make reasonable attempts to—

(a)either—

(i)if the person is an employee or agent of the issuing authority—produce the issuing authority’s written authority to enter the place, and sufficient evidence to identify the person as a person who may enter under the authority, for the occupier’s inspection; or

(ii)if the person is an authorised officer—produce the authorised officer’s identity card for the occupier’s inspection; and

(b)inform the occupier—

(i)of the reason for entering the place; and

(ii)that the person is authorised under this Act to enter the place without the permission of the occupier.

(5)If the person does not find an occupier present at the place, the person must leave a notice in a conspicuous position and in a reasonably secure way stating the date, time and purpose of the entry.

Division 4Entry under warrant

Subdivision 1Obtaining warrant

272Application for warrant

(1)An authorised officer may apply to a magistrate for a warrant for a place.

(2)The authorised officer must prepare a written application that states the grounds on which the warrant is sought.

(3)The written application must be sworn.

(4)The magistrate may refuse to consider the application until the authorised officer gives the magistrate all the information the magistrate requires about the application in the way the magistrate requires.

Example—

The magistrate may require additional information supporting the application to be given by statutory declaration.

273Issue of warrant

(1)The magistrate may issue a warrant for the place only under subsection (2) or (3).

(2)The magistrate may issue a warrant for the place if the magistrate is satisfied there are reasonable grounds for suspecting that—

(a)there is at the place, or will be at the place within the next 7 days, a particular thing or activity that may provide evidence of an offence against this Act; or

(b)there is a biosecurity risk at the place.

(3)Also, the magistrate may issue a warrant for the place for the purpose of the authorised officer’s performance of the function mentioned in section 256
(1)(a) or (b) at the place if—

(a)the place is a place mentioned in section 259
(1)(b) or (d) or a place to which section 259
(1)(e) applies; and

(b)the magistrate is satisfied it is reasonably necessary that the inspector should have access to the place for the purpose of effectively performing the function at the place.

Example for paragraph (b)—

The magistrate may be satisfied under paragraph (b) if the inspector has made a reasonable attempt to perform the function at the place without a warrant, but because of obstruction has been unsuccessful.

(4)The warrant must state—

(a)the place to which the warrant applies; and

(b)that a stated authorised officer or any authorised officer may, with necessary and reasonable help and force—

(i)enter the place and any other place necessary for entry to the place; and

(ii)exercise the authorised officer’s powers; and

(c)particulars of the offence, biosecurity risk or other circumstances that the magistrate considers appropriate; and

(d)if the warrant is issued under subsection (2), the name of the person suspected of having committed the offence or who caused the biosecurity risk or allowed the biosecurity risk to continue, unless the name is unknown or the magistrate considers it inappropriate to state the name; and

(e)the evidence that may be seized under the warrant; and

(f)whether the authorised officer may exercise powers under section 320
; and

(g)if the authorised officer may exercise powers under section 320
, the person, if any, who is to pay the costs incurred by the authorised officer in exercising the powers; and

(h)the hours of the day or night when the place may be entered; and

(i)the magistrate’s name; and

(j)the day and time of the warrant’s issue; and

(k)except for a warrant allowing for re-entry of the place, the day, within 14 days after the warrant’s issue, the warrant ends.

(5)If the warrant relates to a biosecurity risk, the warrant may also state that an authorised officer may re-enter the place to check compliance with a biosecurity order issued as a result of the authorised officer’s entry of the place under the warrant.

(6)To the extent that the warrant allows for re-entry of the place, it ends on the earlier of the following days—

(a)the day that is 7 days after the end of the period stated in the biosecurity order for completing the steps stated in the order;

(b)the day stated in the warrant.

274Electronic application

(1)An application under section 272
may be made by phone, fax, email, radio, videoconferencing or another form of electronic communication if the authorised officer reasonably considers it necessary because of—

(b)the way the application was made under section 274
was appropriate.

(2)After the magistrate issues the original warrant—

(a)if there is a reasonably practicable way of immediately giving a copy of the warrant to the authorised officer, including, for example, by sending a copy by fax or email, the magistrate must immediately give a copy of the warrant to the authorised officer; or

(b)otherwise—

(i)the magistrate must tell the authorised officer the information mentioned in section 273
(4); and

(ii)the authorised officer must complete a form of warrant including by writing on it the information mentioned in section 273
(4) provided by the magistrate.

(3)The copy of the warrant mentioned in subsection (2)(a), or the form of warrant completed under subsection (2)(b) (in either case the duplicate warrant), is a duplicate of, and as effectual as, the original warrant.

(4)The authorised officer must, at the first reasonable opportunity, send to the magistrate—

(a)the written application complying with section 272
(2) and (3); and

(b)if the authorised officer completed a form of warrant under subsection (2)(b)—the completed form of warrant.

(5)The magistrate must keep the original warrant and, on receiving the documents under subsection (4)—

(a)attach the documents to the original warrant; and

(b)give the original warrant and documents to the clerk of the court of the relevant magistrates court.

(6)Despite subsection (3), if—

(a)an issue arises in a proceeding about whether an exercise of a power was authorised by a warrant issued under this section; and

(b)the original warrant is not produced in evidence;

the onus of proof is on the person relying on the lawfulness of the exercise of the power to prove a warrant authorised the exercise of the power.

(1)This section applies if an authorised officer is intending to enter a place under a warrant issued under this division.

(2)Before entering the place, the authorised officer must do or make a reasonable attempt to do the following things—

(a)identify himself or herself to a person who is an occupier of the place and is present by producing the authorised officer’s identity card or another document evidencing the appointment;

(b)give the person a copy of the warrant;

(c)tell the person the authorised officer is permitted by the warrant to enter the place;

(d)give the person an opportunity to allow the authorised officer immediate entry to the place without using force.

(3)However, the authorised officer need not comply with subsection (2) if the authorised officer believes on reasonable grounds that immediate entry to the place without compliance is required to ensure the execution of the warrant is not frustrated.

(c)to destroy the biosecurity matter or remove the biosecurity matter to another place to destroy it; and

(d)to destroy a carrier of the biosecurity matter or remove the carrier to another place to destroy it; and

(e)to dispose of the biosecurity matter other than by destroying it; and

(f)to do something that assists with a step mentioned in paragraphs (b) to (e); and

(g)to stop doing something that may interfere with a step mentioned in paragraphs (b) to (e).

(3)The direction may be given orally or by notice.

(4)However, if the direction is given orally, the inspector must as soon as practicable confirm the direction by notice given to the person.

(5)If the inspector takes the steps, the inspector also may exercise any of the powers of an inspector under this chapter.

281How power may be exercised

(1)The inspector may exercise the powers mentioned in sections 279
(1) and 280
(1)(b) and (5) (the emergency powers) with the help, and using the force, that is necessary and reasonable in the circumstances.

(2)In exercising or attempting to exercise emergency powers, an inspector must take all reasonable steps to ensure the inspector causes as little inconvenience to any person at the place, and does as little damage, as is practicable in the circumstances.

(3)If an inspector authorises a person to take steps under section 280
(1)(c)—

(a)the person may exercise the powers mentioned in section 280
(5); and

(b)the inspector must inform the person—

(i)of the steps the person is authorised to take; and

(ii)of the person’s powers under this part.

282Requirement to give chief executive notice

An inspector exercising powers under this part must as soon as practicable after exercising the powers give the chief executive notice of the fact.

283Duration of emergency powers

An inspector exercising powers under this part may exercise the powers only until the earlier of the following—

(a)the imminent and significant biosecurity risk from the activity being carried out, or from the biosecurity matter, at a place has been avoided;

(b)96 hours after the inspector first exercises the powers.

284Failure to comply with inspector’s directions in emergency

A person to whom a direction is given under 280(1)(a) must comply with the direction, unless the person has a reasonable excuse.

Maximum penalty—2,000 penalty units.

285Inspector’s powers not affected

This part does not limit any power an inspector has apart from the part.

Part 4Other authorised officers’ powers and related matters

Division 1Stopping or moving vehicles

286Application of div 1

This division applies if an authorised officer reasonably suspects, or is aware, that—

(a)a thing in or on a vehicle may provide evidence of the commission of an offence against this Act; or

(b)a vehicle, or a thing in or on the vehicle, may pose a biosecurity risk.

287Power to stop or move

(1)If the vehicle is moving, the authorised officer may, to exercise his or her powers, signal or otherwise direct the person in control of the vehicle to stop the vehicle and to bring the vehicle to, and keep it at, a convenient place within a reasonable distance to allow the authorised officer to exercise the powers.

(2)If the vehicle is stopped, the authorised officer may direct the person in control of the vehicle—

(a)not to move it until the authorised officer has exercised the authorised officer’s powers; or

(b)to move the vehicle to, and keep it at, a stated reasonable place to allow the authorised officer to exercise the powers.

(3)When giving the direction under subsection (2), the authorised officer must give the person in control an offence warning for the direction.

288Identification requirements if vehicle moving

(1)This section applies if the authorised officer proposes to give a direction under section 287
(1) and the vehicle is moving.

(2)The authorised officer must clearly identify himself or herself as an authorised officer exercising the authorised officer’s powers.

Examples—

1If the authorised officer is in a moving vehicle, he or she may use a loudhailer to identify himself or herself as an authorised officer exercising powers.

2If the authorised officer is standing at the side of the road, he or she may use a sign to identify himself or herself as an authorised officer exercising powers.

(3)When the vehicle stops, the authorised officer must—

(a)have with him or her the authorised officer’s identity card; and

(b)immediately produce the identity card for the inspection of the person in control of the vehicle.

(1)The person in control of the vehicle must comply with a direction under section 287
unless the person has a reasonable excuse.

Maximum penalty—50 penalty units.

(2)It is a reasonable excuse for the person not to comply with a direction if—

(a)the vehicle was moving and the authorised officer did not comply with section 288
; or

(b)to comply immediately would have endangered someone else or caused loss or damage to property, and the person complies as soon as it is practicable to do so.

(3)Subsection (2) does not limit subsection (1).

(4)A person does not commit an offence against subsection (1) if—

(a)the direction the person fails to comply with is given under section 287
(2); and

(b)the person is not given an offence warning for the direction.

Division 2Stopping or moving travelling animals

290Application of div 2

This division applies if an inspector reasonably suspects, or is aware, that an animal travelling on a stock route, or on a reserve for the travelling of animals in association with being travelled on a stock route, may pose a biosecurity risk.

291Power to stop or move

(1)If the animal is travelling on the stock route, the inspector may, to exercise his or her powers, signal or otherwise direct the person driving the animal—

(a)to stop the animal; and

(b)either—

(i)to drive the animal to, and keep it at, a convenient place within a reasonable distance to allow the inspector to exercise the powers; or

(ii)to return the animal to the place where the animal is kept to allow the inspector to exercise the powers.

(2)If the animal is on a reserve for travelling stock, the inspector may direct the person in control of the animal—

(a)not to move it until the inspector has exercised the inspector’s powers; or

(b)to drive the animal to, and keep it at, a stated reasonable place to allow the inspector to exercise the powers; or

(c)to return the animal to the place where the animal is kept to allow the inspector to exercise the powers.

(3)When giving the direction under subsection (2), the inspector must give the person in control an offence warning for the direction.

292Identification requirements if animal travelling on stock route

(1)This section applies if the inspector proposes to give a direction under section 291
(1) and the animal is travelling on the stock route.

(2)The inspector must clearly identify himself or herself to the person driving the animal as an inspector exercising the inspector’s powers.

(3)When the person driving the animal stops the animal, the inspector must—

(a)have with him or her the inspector’s identity card; and

(b)immediately produce the identity card for the inspection of the person driving the animal.

(1)The person driving the animal or in control of the animal must comply with a direction under section 291
unless the person has a reasonable excuse.

Maximum penalty—50 penalty units.

(2)It is a reasonable excuse for the person not to comply with a direction if—

(a)the animal was travelling on the stock route and the inspector did not comply with section 292
; or

(b)to comply immediately would have endangered someone else or caused loss or damage to property, and the person complies as soon as it is practicable to do so.

(3)Subsection (2) does not limit subsection (1).

(4)A person does not commit an offence against subsection (1) if—

(a)the direction the person fails to comply with is given under section 291
(2); and

(b)the person is not given an offence warning for the direction.

Division 3Aerial control measures

294Power to carry out aerial control measures under biosecurity program

(1)This section applies if a biosecurity program authorises the carrying out of an aerial control measure for biosecurity matter.

(2)An authorised officer may carry out, or direct another person to carry out, the aerial control measure for the biosecurity matter in relation to a place.

(3)The authorised officer must give notice of the proposed aerial control measure for the biosecurity matter to an occupier of the place at least 48 hours before carrying out the measure (the notice period) unless—

(a)the measure will be carried out from a height of more than 350 feet above the place; or

Editor’s note—

350 feet is approximately 110m

(b)it would be impractical to give the notice because the measure will not be effective in controlling the biosecurity matter after the end of the notice period.

Example for paragraph (b)—

A biosecurity program authorises spraying pesticide on locusts but a swarm of locusts at a place is likely to move on before notice can be given to an occupier of the place.

Note—

Another law may require notice to be given to, or consent to be obtained from, an occupier of a place in the circumstances to which this section applies.

(4)However, if subsection (3)(b) applies, the authorised officer must make reasonable attempts to advise an occupier of the place about the aerial control measure before the measure is carried out.

(5)A notice under subsection (3) must include—

(a)a description of the biosecurity program authorising the aerial control measure; and

(b)a description of the aerial control measure; and

(c)the period during which the aerial control measure will be carried out.

(6)In this section—

aerial control measure, for biosecurity matter, means an activity, done from the air by an airborne machine or a person in an aircraft, to achieve a purpose of a biosecurity program and includes the following—

(a)surveying and monitoring the biosecurity matter;

(b)distributing an agricultural chemical to control the biosecurity matter.

airborne machine means a machine that can operate in air without carrying a person to pilot the machine.

Division 4General powers of authorised officers after entering places

295Application of div 4

(1)The powers under this division may be exercised if an authorised officer enters a place under—

(2)However, if the authorised officer enters under section 259
(1)(a) or (c), the powers under this division are subject to any conditions of the consent or terms of the warrant.

296General powers

(1)The authorised officer may do any of the following (each a general power)—

(a)search any part of the place;

(b)inspect, examine or film any part of the place or anything at the place;

(c)take for examination a thing, or a sample of or from a thing, at the place;

(d)place an identifying mark in or on anything at the place;

Example—

insert a microchip in a horse’s neck to indicate that the horse has equine influenza

(e)place a sign or notice at the place;

Example of a sign or notice—

a notice stating the area is subject to a biosecurity emergency order

(f)produce an image or writing at the place from an electronic document or, to the extent it is not practicable, take a thing containing an electronic document to another place to produce an image or writing;

(g)take to, into or onto the place and use any person, detection animal, equipment and materials the authorised officer reasonably requires for exercising the authorised officer’s powers under this division;

(ii)the owner of the biosecurity matter or carrier consents to its destruction;

(i)remain at the place for the time necessary to achieve the purpose of the entry.

(2)The authorised officer may take a necessary step to allow the exercise of a general power.

(3)If the authorised officer takes a document from the place to copy it, the authorised officer must copy and return the document to the place as soon as practicable.

(4)If the authorised officer takes from the place an article or device reasonably capable of producing a document from an electronic document to produce the document, the authorised officer must produce the document and return the article or device to the place as soon as practicable.

film includes photograph, videotape and record an image in another way.

inspect, a thing, includes open the thing and examine its contents.

297Power to require reasonable help

(1)The authorised officer may make a requirement (a help requirement) of an occupier of the place or a person at the place to give the authorised officer reasonable help to exercise a general power, including, for example, to produce a document or to give information.

(2)When making the help requirement, the authorised officer must give the person an offence warning for the requirement.

298Offence to contravene help requirement

(1)A person of whom a help requirement has been made must comply with the requirement unless the person has a reasonable excuse.

Maximum penalty—50 penalty units.

(2)It is a reasonable excuse for an individual not to comply with a help requirement if complying might tend to incriminate the individual or expose the individual to a penalty.

(3)However, subsection (2) does not apply if a document or information the subject of the help requirement is required to be held or kept by the defendant under this Act.

299Seizing evidence at a place that may be entered without consent or warrant

(1)An authorised officer who enters a place the authorised officer may enter under this Act without the consent of an occupier of the place and without a warrant under section 273
(2) may seize a thing at the place if the authorised officer reasonably believes the thing is evidence of an offence against this Act.

(2)Subsection (1) applies even if the entry is under a warrant issued under section 273
(3).

300Seizing evidence at a place that may be entered only with consent or warrant

(1)This section applies if—

(a)an authorised officer is authorised to enter a place only with the consent of an occupier of the place or a warrant; and

(b)the authorised officer enters the place after obtaining the consent or under a warrant issued under section 273
(2).

(2)If the authorised officer enters the place with the occupier’s consent, the authorised officer may seize a thing at the place only if—

(a)the authorised officer reasonably believes the thing is evidence of an offence against this Act; and

(b)seizure of the thing is consistent with the purpose of entry as explained to the occupier when asking for the occupier’s consent.

(3)If the authorised officer enters the place under a warrant issued under section 273
(2), the authorised officer may seize the evidence for which the warrant was issued.

(4)The authorised officer also may seize anything else at the place if the authorised officer reasonably believes—

(a)the thing is evidence of an offence against this Act; and

(b)the seizure is necessary to prevent the thing being—

(i)hidden, lost or destroyed; or

(ii)used to continue, or repeat, the offence.

(5)The authorised officer may also seize a thing at the place if the authorised officer reasonably believes it has just been used in committing an offence against this Act.

301Seizure of property subject to security

(1)An authorised officer may seize a thing, and exercise powers relating to the thing, despite a lien or other security over it claimed by another person.

(2)However, the seizure does not affect the other person’s claim to the lien or other security against a person other than the authorised officer or a person acting for the officer.

Subdivision 2Powers to support seizure

302Requirement of person in control of thing to be seized

(1)To enable a thing to be seized, an authorised officer may require the person in control of it—

(a)to take it to a stated reasonable place by a stated reasonable time; and

(b)if necessary, to remain in control of it at the stated place for a stated reasonable time.

(2)The requirement—

(a)must be made by notice; or

(b)if for any reason it is not practicable to give a notice, may be made orally and confirmed by notice as soon as practicable.

303Offence to contravene seizure requirement

A person of whom a requirement is made under section 302
must comply with the requirement unless the person has a reasonable excuse.

Maximum penalty—100 penalty units.

304Power to secure seized thing

(1)Having seized a thing under this division, an authorised officer may—

(a)leave it at the place where it was seized (the place of seizure) and take reasonable action to restrict access to it; or

(b)move it from the place of seizure.

(2)For subsection (1)(a), the authorised officer may, for example—

(a)seal the thing, or the entrance to the place of seizure, and mark the thing or place to show access to the thing or place is restricted; or

(b)for equipment—make it inoperable; or

Example—

make it inoperable by dismantling it or removing a component without which the equipment can not be used

(c)require a person the authorised officer reasonably believes is in control of the place or thing to do an act mentioned in paragraph (a) or (b) or anything else an inspector could do under subsection (1)(a).

305Offence to contravene other seizure requirement

A person must comply with a requirement made of the person under section 304
(2)(c) unless the person has a reasonable excuse.

Maximum penalty—100 penalty units.

306Offence to interfere

(1)If access to a seized thing is restricted under section 304
, a person must not tamper with the thing or with anything used to restrict access to the thing without—

(a)an authorised officer’s approval; or

(b)a reasonable excuse.

Maximum penalty—100 penalty units.

(2)If access to a place is restricted under section 304
, a person must not enter the place in contravention of the restriction or tamper with anything used to restrict access to the place without—

(a)an authorised officer’s approval; or

(b)a reasonable excuse.

Maximum penalty—100 penalty units.

Subdivision 3Safeguards for seized things

307Receipt and information notice for seized thing

(1)This section applies if an authorised officer seizes anything under this division unless—

(a)the authorised officer reasonably believes there is no-one apparently in possession of the thing or the thing has been abandoned; or

(b)because of the condition, nature and value of the thing it would be unreasonable to require the authorised officer to comply with this section.

(2)The authorised officer must, as soon as practicable after seizing the thing, give an owner or person in control of the thing before it was seized—

(a)a receipt for the thing that generally describes the thing and its condition; and

(b)an information notice for the decision to seize it.

(3)However, if an owner or person from whom the thing is seized is not present when it is seized, the receipt and information notice may be given by leaving them in a conspicuous position and in a reasonably secure way at the place at which the thing is seized.

(4)The receipt and information notice may—

(a)be given in the same document; and

(b)relate to more than 1 seized thing.

(5)The authorised officer may delay giving the receipt and information notice if the authorised officer reasonably suspects giving them may frustrate or otherwise hinder an investigation by the authorised officer under this Act.

(6)However, the delay may be only for so long as the authorised officer continues to have the reasonable suspicion and remains in the vicinity of the place at which the thing was seized to keep it under observation.

308Access to seized thing

(1)Until a seized thing is forfeited or returned, the authorised officer who seized the thing must allow an owner of the thing—

(a)to inspect it at any reasonable time and from time to time; and

(b)if it is a document—to copy it.

(2)Subsection (1) does not apply if it is impracticable or would be unreasonable to allow the inspection or copying.

(3)The inspection or copying must be allowed free of charge.

309Return of seized thing

(1)This section applies if a seized thing has some intrinsic value and is not—

(i)reasonably considers that, because of the thing’s inherent nature or condition, the return of the thing is likely to result in a recurrence of the biosecurity risk in relation to which the thing was seized; or

(ii)at the end of 6 months, reasonably believes that the return of the thing is likely to result in a recurrence of the biosecurity risk in relation to which the thing was seized; or

(d)reasonably believes it is necessary to keep the thing to prevent it being used to commit the offence for which it was seized.

(2)However, the authorised officer is not required to—

(a)make inquiries if it would be unreasonable to make inquiries to find an owner; or

(b)make efforts if it would be unreasonable to make efforts to return the thing to an owner.

Example for paragraph (b)—

the owner of the thing has migrated to another country

(3)Regard must be had to the thing’s condition, nature and value in deciding—

(a)whether it is reasonable to make inquiries or efforts; and

(b)if inquiries or efforts are made—what inquiries or efforts, including the period over which they are made, are reasonable.

(4)The administrator for a relevant entity is—

(a)if the relevant entity is the State—the chief executive; or

(b)if the relevant entity is a local government—the chief executive officer of the local government; or

(c)if the relevant entity is an invasive animal board—the chairperson of the board.

(5)The relevant entity for a seized thing is—

(a)if the thing was seized by an authorised officer appointed by the chief executive—the State; or

(b)if the thing was seized by an authorised officer appointed by the chief executive officer of a local government—the local government; or

(c)if the thing was seized by an authorised officer appointed by 2 or more chief executive officers—the local government for whom the authorised officer was performing his or her functions at the time the thing was seized; or

(d)if the thing was seized by an authorised officer appointed by an invasive animal board—the board.

311Forfeiture by chief executive decision

The chief executive may decide a seized thing is forfeited to the State if—

(a)all of the following apply—

(i)an inspector believes a seized thing can be changed to make it comply with this Act;

Example of a seized thing—

a bag of seed for sowing containing weed seeds that can be separated and removed from the seed

(ii)the inspector requires an owner of the thing to do what is reasonable within a stated reasonable time to make it comply;

(iii)the owner does not comply with the requirement; or

(b)an inspector believes, on reasonable grounds—

(i)a seized thing can not be changed to make it comply with this Act; and

Example of a seized thing—

a bag of seed for sowing containing weed seeds that can not be separated and removed from the seed

(ii)it is necessary to retain it to prevent its use in committing an offence against this Act.

312Information notice for forfeiture decision

(1)This section applies if—

(a)the administrator for the relevant entity decides under section 310
(1) to forfeit a thing; or

(2)The administrator or chief executive must as soon as practicable give a person who owned the thing immediately before the forfeiture (the former owner) an information notice for the decision.

(3)If the seized thing is forfeited under section 310
(1)(a) or (b), the information notice may be given by leaving it at the place where the thing was seized, in a conspicuous position and in a reasonably secure way.

(4)The information notice must state that the former owner may apply for a stay of the decision if he or she appeals against the decision.

(c)the owner of the thing and the State agree, in writing, to the transfer of the ownership of the thing to the State.

(2)A thing becomes the property of a local government if the thing is forfeited to the local government under section 313
.

Note—

A thing may also become the property of the State or a local government under section 315
.

317How property may be dealt with

(1)This section applies if—

(a)under section 315
, a thing becomes the property of the relevant entity for the thing; or

(b)under section 316
, a thing becomes the property of the State or a local government.

(2)The administrator for the relevant entity, the chief executive or the chief executive officer of the local government (each the relevant administrator) may deal with the thing as the relevant administrator considers appropriate, including, for example, by destroying it or giving it away.

(3)The relevant administrator must not deal with the thing in a way that could prejudice the outcome of an appeal against the forfeiture under this Act.

(4)If the relevant administrator sells the thing, the administrator may, after deducting the costs of the sale, return the proceeds of the sale to the former owner of the thing.

(5)This section is subject to any disposal order made for the thing.

318Power of destruction

An authorised officer may destroy a thing seized under this division if—

(a)the thing consists wholly or partly of contaminated or decomposed matter; or

(1)This section applies if a person is convicted of an offence against this Act.

(2)The court may make an order (a disposal order), on its own initiative or on an application by the prosecution, for the disposal of any of the following things owned by the person—

(a)anything that was the subject of, or used to commit, the offence;

(b)another thing the court considers is likely to be used by the person or another person in committing a further offence against this Act.

(3)The court may make a disposal order for a thing—

(a)whether or not it has been seized under this Act; and

(b)if the thing has been seized—whether or not it has been returned to the former owner.

(4)In deciding whether to make a disposal order for a thing, the court—

(a)may require notice to be given to anyone the court considers appropriate, including, for example, any person who may have any property in the thing; and

(b)must hear any submissions that any person claiming to have any property in the thing may wish to make.

(5)The court may make any order to enforce the disposal order that it considers appropriate.

(6)This section does not limit the court’s powers under another law.

Division 7Power to remove or reduce biosecurity risk under a warrant

320Power to remove or reduce biosecurity risk after entering place

(1)This section applies if—

(a)an authorised officer enters a place after obtaining a warrant; and

(b)the warrant authorises the authorised officer to exercise powers in relation to a biosecurity risk.

(2)The authorised officer may take the steps necessary in the circumstances to remove or reduce the biosecurity risk stated in the warrant, or to prevent the biosecurity risk from recurring, including seizing a thing.

Division 8Other information-obtaining powers of authorised officers

321Power to require name and address

(1)This section applies if an authorised officer—

(a)finds a person committing an offence against this Act; or

(b)finds a person in circumstances that lead the authorised officer to reasonably suspect the person—

(i)has just committed an offence against this Act; or

(ii)is responsible for a biosecurity risk; or

(c)has information that leads the authorised officer to reasonably suspect a person—

(i)has just committed an offence against this Act; or

(ii)is responsible for a biosecurity risk.

(2)The authorised officer may require the person to state the person’s name and residential address.

(3)The authorised officer may also require the person to give evidence of the correctness of the stated name or address if, in the circumstances, it would be reasonable to expect the person to—

(a)be in possession of evidence of the correctness of the stated name or address; or

(b)otherwise be able to give the evidence.

(4)When making a personal details requirement, the authorised officer must give the person an offence warning for the requirement.

(5)A requirement under this section is a personal details requirement.

322Offence to contravene personal details requirement

(1)A person of whom a personal details requirement is made must comply with the requirement unless the person has a reasonable excuse.

Maximum penalty—50 penalty units.

(2)A person may not be convicted of an offence against subsection (1) unless the person is found guilty of the offence, or the court decides the person is responsible for the biosecurity risk, in relation to which the personal details requirement was made.

323Power to require production of documents

(1)An authorised officer may require a person to make available for inspection by an authorised officer, or produce to the authorised officer for inspection, at a reasonable time and place nominated by the authorised officer—

(a)a document issued to the person under this Act; or

(b)a document required to be kept by the person under this Act; or

(c)if a document or information required to be kept by the person under this Act is stored or recorded by means of a device—a document that is a clear written reproduction of the stored or recorded document or information.

(2)A requirement under subsection (1) is a document production requirement.

(3)For an electronic document, compliance with the document production requirement requires the making available or production of a clear written reproduction of the electronic document.

(4)The authorised officer may keep the document to copy it.

(5)If the authorised officer copies the document, or an entry in the document, the authorised officer may require the person responsible for keeping the document to certify the copy as a true copy of the document or entry.

(6)A requirement under subsection (5) is a document certification requirement.

(7)The authorised officer must return the document to the person as soon as practicable after copying it.

(8)However, if a document certification requirement is made of a person, the authorised officer may keep the document until the person complies with the requirement.

324Offence to contravene document production requirement

(1)A person of whom a document production requirement is made must comply with the requirement unless the person has a reasonable excuse.

Maximum penalty—50 penalty units.

(2)It is not a reasonable excuse for a person to fail to comply with a document production requirement on the basis that complying with the requirement might tend to incriminate the person or expose the person to a penalty.

(3)The authorised officer must inform the person, in a way that is reasonable in the circumstances—

(a)that the person must comply with the document production requirement even though complying might tend to incriminate the person or expose the person to a penalty; and

(b)that, under section 328
, there is a limited immunity against the future use of the information or document given in compliance with the requirement.

(4)If the person fails to comply with the document production requirement when the authorised officer has failed to comply with subsection (3), the person can not be convicted of the offence against subsection (1).

(5)If a court convicts a person of an offence against subsection (1), the court may, as well as imposing a penalty for the offence, order the person to comply with the document production requirement.

325Offence to contravene document certification requirement

(1)A person of whom a document certification requirement has been made must comply with the requirement unless the person has a reasonable excuse.

Maximum penalty—50 penalty units.

(2)It is not a reasonable excuse for a person to fail to comply with a document certification requirement on the basis that complying with the requirement might tend to incriminate the person or expose the person to a penalty.

(3)The authorised officer must inform the person, in a way that is reasonable in the circumstances—

(a)that the person must comply with the document certification requirement even though complying might tend to incriminate the person or expose the person to a penalty; and

(b)that, under section 328
, there is a limited immunity against the future use of the information or document given in compliance with the requirement.

(4)If the person fails to comply with the document certification requirement when the authorised officer has failed to comply with subsection (3), the person can not be convicted of the offence against subsection (1).

326Power to require information

(1)This section applies if an authorised officer reasonably believes—

(a)an offence against this Act has been committed; and

(b)a person may be able to give information about the offence.

(2)The authorised officer may, by notice given to the person, require the person to give the authorised officer information about the offence at a stated reasonable time and place.

(3)A requirement under subsection (2) is an information requirement.

(4)For information that is an electronic document, compliance with the information requirement requires the giving of a clear image or written version of the electronic document.

(5)In this section—

information includes a document.

327Offence to contravene information requirement

(1)A person of whom an information requirement is made must comply with the requirement unless the person has a reasonable excuse.

Maximum penalty—50 penalty units.

(2)It is a reasonable excuse for an individual not to give the information if giving the information might tend to incriminate the individual or expose the individual to a penalty.

(1)Subsection (2) applies if an individual gives or produces information or a document to an authorised officer under section 297
, 323
or 326
.

(2)Evidence of the information or document, and other evidence directly or indirectly derived from the information or document, is not admissible against the individual in any proceeding to the extent it tends to incriminate the individual, or expose the individual to a penalty, in the proceeding.

(3)Subsection (2) does not apply to a proceeding about the false or misleading nature of the information or anything in the document or in which the false or misleading nature of the information or document is relevant evidence.

Part 5Provisions relating to designated officers

Division 1Identity cards

329Issue of identity card

(1)The administering executive must issue an identity card to each designated officer.

(2)The identity card must—

(a)contain a recent photo of the designated officer; and

(b)contain a copy of the officer’s signature; and

(c)identify the role of the officer under this Act; and

(d)state an expiry date for the card.

(3)However, the administering executive is not required to issue an identity card to a person if—

(b)it is not practicable, in the circumstances, to issue the identity card because the person is required to implement an immediate response to a biosecurity emergency order.

(4)Also, the identity card issued to the person because of the office ordinarily held by the person, or an identity card that the person otherwise holds, is taken to be the identity card issued to the person as a designated officer provided the identity card contains the information mentioned in subsection (2)(a), (b) and (d).

(5)This section does not prevent the issue of a single identity card to a person for this Act and other purposes.

330Production or display of identity card

(1)In exercising a power in relation to a person in the person’s presence, a designated officer must—

(a)produce the officer’s identity card for the person’s inspection before exercising the power; or

(b)have the identity card displayed so it is clearly visible to the person when exercising the power.

(2)However, if it is not practicable to comply with subsection (1), the designated officer must produce the identity card for the person’s inspection at the first reasonable opportunity.

(3)For subsection (1), a designated officer who is an authorised officer does not exercise a power in relation to a person only because the officer has entered a place as mentioned in section 259
(1)(b) or (d).

331Return of identity card

If the office of a person as a designated officer ends, the person must return the person’s identity card to the administering executive within 21 days after the office ends unless the person has a reasonable excuse.

Maximum penalty—20 penalty units.

Division 2Damage

332Duty to avoid inconvenience and minimise damage

In exercising a power, a designated officer must take all reasonable steps to cause as little inconvenience, and do as little damage, as possible.

(a)a designated officer exercises, or purports to exercise, a power under this Act, other than a biosecurity response; and

(b)in exercising, or purporting to exercise the power, any 1 or more of the following persons damages something—

(i)the designated officer;

(ii)a person (an assistant) acting under the direction or authority of the designated officer;

(iii)a detection animal used by the designated officer or assistant.

(2)However, this section does not apply to damage the designated officer reasonably considers is trivial or if the officer reasonably believes—

(a)there is no-one apparently in possession of the thing; or

(b)the thing has been abandoned.

(3)The designated officer must give notice of the damage to the person who appears to the officer to be an owner, or person in control, of the thing.

(4)However, if for any reason it is not practicable to comply with subsection (3), the designated officer must—

(a)leave the notice at the place where the damage happened; and

(b)ensure it is left in a conspicuous position and in a reasonably secure way.

(5)The designated officer may delay complying with subsection (3) or (4) if the officer reasonably suspects complying with the subsection may frustrate or otherwise hinder the performance of the officer’s functions.

(6)The delay may be only for so long as the designated officer continues to have the reasonable suspicion and remains in the vicinity of the place.

(7)If the designated officer believes the damage was caused by a latent defect in the thing or other circumstances beyond the control of the officer or the assistant, the officer may state the belief in the notice.

(8)The notice must state—

(a)particulars of the damage; and

(b)that the person who suffered the damage may claim compensation under section 334
.

Division 3Compensation

334Compensation

(1)A person may claim compensation from the following if the person incurs loss because of the exercise, or purported exercise, of a power by a designated officer, including a loss arising from compliance with a requirement made of the person under this Act—

(a)if the designated officer was appointed by the chief executive—the State;

(b)if the designated officer was appointed by the chief executive officer of a local government—the local government;

(c)if the designated officer was appointed by 2 or more chief executive officers—the local government for whom the designated officer was exercising the power;

(d)if the designated officer was appointed by an invasive animal board—the board.

(2)However, subsection (1)(a) applies only to loss arising from an accidental, negligent or unlawful act or omission.

(3)Also, subsection (1) does not include—

(a)loss arising from a lawful seizure or a lawful forfeiture; or

(b)loss arising from a biosecurity response.

(4)The compensation may be claimed and ordered in a proceeding—

(a)brought in a court with jurisdiction for the recovery of the amount of compensation claimed; or

(b)for an alleged offence against this Act the investigation of which gave rise to the claim for compensation.

(5)A court may order the payment of compensation only if it is satisfied it is just to make the order in the circumstances of the particular case.

(6)In considering whether it is just to order compensation, the court must have regard to any relevant biosecurity offence committed by the claimant.

(7)A regulation may prescribe other matters that may, or must, be taken into account by the court when considering whether it is just to order compensation.

(8)Section 332
does not provide for a statutory right of compensation other than is provided by this section.

(9)In this section—

exercise, of a power, by a designated officer includes—

(a)the exercise of a power for the officer; and

(b)the purported exercise of a power by or for the officer.

loss includes costs and damage.

Division 4Other offences relating to designated officers

335Giving designated officer false or misleading information

(1)A person must not, in relation to the administration of this Act, give a designated officer information, or a document containing information, that the person knows is false or misleading in a material particular.

Maximum penalty—200 penalty units.

(2)Subsection (1) applies to information or a document given in relation to the administration of this Act whether or not the information or document was given in response to a specific power under this Act.

336Obstructing designated officer

(1)A person must not obstruct a designated officer, or another person or a detection animal helping a designated officer, exercising a power under this Act unless the person has a reasonable excuse.

Maximum penalty—100 penalty units.

(2)If a person has obstructed a designated officer, or another person or a detection animal helping a designated officer, and the officer decides to proceed with the exercise of the power, the officer must warn the person that—

(a)it is an offence to cause an obstruction unless the person has a reasonable excuse; and

(b)the officer considers the person’s conduct an obstruction.

337Impersonating designated officer

A person must not impersonate a designated officer.

Maximum penalty—100 penalty units.

Chapter 11Compensation for loss or damage from biosecurity response

Part 1Preliminary

338What is a biosecurity response

(1)A biosecurity response is any lawful action taken—

(a)by the chief executive or an authorised officer, including a person acting under the authority of the chief executive or an authorised officer, if the action is authorised to be taken under this Act; or

Example of biosecurity response by an inspector for paragraph (a)—

an inspector demolishing an outbuilding at a place within a biosecurity emergency area

(b)by another person as directed or otherwise required by the chief executive or an authorised officer, including by a person acting under the authority of the chief executive or an authorised officer, if the direction or requirement is authorised to be given or made under this Act.

Example of biosecurity response for paragraph (b)—

the owner of an animal acting under the direction of an inspector to destroy the animal at a place within a biosecurity emergency area

(2)A biosecurity response does not include—

(a)any action taken under chapter 13
, including, for example, action taken under a biosecurity order, or under an order of a magistrate or an injunction, under that chapter; or

(b)anything that happens by accident or as a result of negligence.

(3)In this section—

authorised officer does not include an authorised person whose appointment under this Act as an authorised person is by—

(a)the chief executive officer of a local government; or

(b)the chairperson of an invasive animal board.

339What is loss or damage arising out of a biosecurity response

In this chapter, a reference to loss or damage arising out of a biosecurity response is a reference to loss or damage only if—

(a)it is lawfully caused under this Act; and

(b)the causing of the loss or damage constitutes all or part of a biosecurity response.

Note—

If loss or damage happens in the course of a biosecurity response but is not lawfully caused under this Act, for example because it involves a negligent act, compensation may nevertheless be available under the investigation and enforcement provisions or under the general law.

340What is property

(1)In this chapter, a reference to property, in the context of loss of it or damage to it, is a reference to something that is capable of being in the ownership of a person and is capable of being physically destroyed or physically damaged.

(2)Without limiting subsection (1), property may include any animal or plant.

341What is notional value or notional reduction in value of property for statutory compensation

(1)The notional value of property that is the subject of loss is the amount that would have been received for the property if, at the place where it was destroyed, it had been sold under a lawful direction immediately before it was destroyed.

(2)The notional reduction in value of property that is the subject of damage is the difference between the following amounts—

(a)the amount that would have been received for the property if, at the place where it was damaged, it had been sold under a lawful direction immediately before it was damaged;

(b)the amount that would have been received for the property if, at the place where it was damaged, it had been sold under a lawful direction immediately after it was damaged.

(3)For this chapter, property is taken to be the subject of damage rather than loss if, despite its being destroyed, what remains of it still has some commercial value.

(4)In this section—

sold under a lawful direction, in relation to property, means sold at the highest price reasonably obtainable, but under the lawful direction of a person who is required to agree to, and to complete, the sale of the property without delay and without reference to whether the owner of the property would be a willing seller at the price obtained.

342What is a compensation scheme and what is scheme compensation

(1)A compensation scheme is a government and industry agreement that includes provision for the payment of compensation for loss or damage arising out of a biosecurity response.

Example of agreement—

The Emergency Plant Pest Response Deed is a formal agreement between Plant Health Australia, the Commonwealth, all the States and territories and particular plant industry bodies establishing, on a basis of cost sharing, a scheme for the management and funding of responses to emergency plant pest incidents, and includes provision for compensation in the form of reimbursement costs for growers who suffer loss or damage as contemplated in the agreement.

(2)Compensation provided for under a compensation scheme (scheme compensation) may be, but need not be, limited to compensation for loss of or damage to property.

343Sources of compensation available under this chapter

(1)This chapter deals with the provision of 2 different types of compensation for loss or damage arising out of biosecurity responses.

(2)Firstly, scheme compensation may be payable for loss or damage.

(3)Secondly, compensation for loss of or damage to property may be payable by the State in the absence of scheme compensation being payable for the loss or damage.

Part 2Scheme compensation

344Operation of scheme compensation

(1)This section applies if—

(a)a person suffers loss or damage arising out of a biosecurity response; and

(b)a compensation scheme provides for compensation, in relation to the biosecurity response, for the loss or damage; and

(c)the person has, in compliance with the scheme, applied to the chief executive for compensation for the loss or damage.

(2)The chief executive must take reasonable steps, to the extent of the State’s obligations under the scheme, to ensure that the person receives compensation for the loss or damage in accordance with the person’s entitlement to compensation under the scheme.

Part 3Statutory compensation

345Operation of statutory compensation

(1)Subject to this chapter, a person who suffers loss of or damage to property arising out of a biosecurity response is entitled to compensation (statutory compensation) for the loss or damage to the extent provided for in this chapter.

Examples of loss of or damage to property—

•the destruction of a person’s animal by an inspector during a biosecurity emergency

•the partial demolition of a person’s outbuilding by an inspector during a biosecurity emergency

(2)To receive the statutory compensation, the person must apply to the chief executive for the compensation under this chapter.

(1)Statutory compensation is not payable to a person for loss of, or damage to, property suffered by the person and arising out of a biosecurity response if a compensation scheme provides for compensation for the person’s loss or damage.

(2)Subsection (1) applies even if, in the person’s particular circumstances, scheme compensation is not actually payable to the person because the person has failed to comply with a requirement of the compensation scheme relating to eligibility for payment.

Example for subsection (2)—

During a biosecurity emergency involving a virus outbreak, an infected crop is destroyed by an inspector. A compensation scheme provides for reimbursement of a crop’s owner for the crop loss in circumstances of the loss. However, the scheme requires that, to be eligible to be paid compensation under the scheme, the crop owner must make an annual payment, in the nature of a premium, to a fund established under the scheme. The crop owner has not made an annual payment by the due date for its payment. Because of that, the person is ineligible for payment under the compensation scheme and, because of the existence of the scheme, is not entitled to statutory compensation under this chapter.

(1)Statutory compensation is not payable to a person who suffers loss of or damage to property arising out of a biosecurity response—

(a)if the conduct of the person materially contributed to the loss or damage; or

(b)if the biosecurity event that the biosecurity response was directed at addressing could reasonably be expected to have caused the loss or damage, regardless of the happening of the biosecurity response; or

Examples of loss or damage in the context of paragraph (b)—

1An authorised officer destroys a dog because it has contracted rabies. The dog could reasonably have been expected to die as a result of contracting the rabies.

2An inspector demolishes an outbuilding to eradicate an insect borer. As the borer has damaged the outbuilding irreparably and it would have been structurally unsound, it could reasonably be expected that the outbuilding would have had to have been demolished.

(c)if the biosecurity response was directed at addressing the risk posed by the existence of biosecurity matter and the property was infested or infected with the biosecurity matter when the loss or damage happened; or

(d)if the biosecurity response was directed at addressing the risk posed by the existence of biosecurity matter that is a contaminant and the contaminant was present in the property in an amount more than the maximum acceptable level prescribed under a regulation for the property when the loss or damage happened; or

(e)if the biosecurity response was directed at addressing the risk posed by the existence of biosecurity matter and when the loss or damage happened, the property was likely to have become infested or infected with the biosecurity matter; or

(f)if—

(i)the biosecurity response was directed at addressing the risk posed by the existence of biosecurity matter; and

(ii)before the loss or damage happened, the property became infested or infected with the biosecurity matter; and

(iii)the property was no longer infested or infected when the loss or damage happened, whether or not this was known at the time of the loss or damage; or

Example of damage in the context of paragraph (f)—

damage caused to an animal by the taking of a sample to find out whether an infection is still present

(g)if—

(i)the biosecurity response was directed at addressing the risk posed by the existence of biosecurity matter; and

(ii)the biosecurity response was necessary because of an act or omission of the owner of the property or of a person acting under the owner’s express or implied authority; and

(iii)the act or omission caused or contributed to, or was likely to cause or contribute to, the spread of the biosecurity matter; or

(h)if—

(i)the biosecurity response was directed at addressing the risk posed by the existence of biosecurity matter; and

(ii)the biosecurity response was necessary because of an act or omission of the owner of the property or of a person acting under the owner’s express or implied authority; and

(iii)the owner of the property is found guilty of an offence under this Act constituted completely or partly by the act or omission; or

(i)to the extent that the loss or damage is recovered or recoverable by the person under a policy of insurance.

(2)For subsection (1)(e), the chief executive may decide on and publish on the department’s website a methodology for calculating whether property was likely to become infested or infected.

348No compensation for consequential loss

(1)Statutory compensation for the loss of property is limited to an amount equal to the notional value of the property.

(2)Statutory compensation for damage to property is limited to an amount equal to the notional reduction in value of the property.

(3)In particular, compensation for loss of or damage to property does not include compensation for loss flowing as a direct or indirect consequence of the loss or damage.

(4)Without limiting subsection (3), compensation for loss of or damage to property does not include compensation for any of the following—

(a)any loss of anticipated or actual revenue or profits;

(b)loss of use of equipment;

(c)business interruption, or a failure to realise anticipated savings;

(d)loss of data;

(e)downtime costs or wasted overheads;

(f)loss of goodwill or business opportunity;

(g)loss or damage suffered because of a breach of contract.

(5)Also, compensation for loss of or damage to property does not include compensation in the form of, or that is in the nature of or is analogous to, any of the following—

(a)reimbursement of additional expenses incurred;

(b)punitive or exemplary damages;

(c)special damages, or damages for indirect loss or damage of any nature whatsoever.

Part 4Claiming statutory compensation

349Application for statutory compensation

(1)A person (the applicant) may apply to the chief executive for statutory compensation.

(2)The application must be made in the approved form.

(3)The application must be received by the chief executive within 90 days after the date the loss or damage happens.

(4)However, the chief executive may accept the application after the period mentioned in subsection (3) if the chief executive is satisfied it is fair and reasonable in the circumstances to accept the application.

350Further information may be required

(1)The chief executive may ask the applicant for further information reasonably required by the chief executive to assess an application for statutory compensation.

(2)The applicant must give the chief executive the information asked for within the reasonable period the chief executive requires.

351Day for making and advising of decision

(1)The chief executive must give an applicant for statutory compensation the chief executive’s decision on the application—

(a)if the applicant and the chief executive agree on a day by which the chief executive will give the applicant the chief executive’s decision—by the day agreed; or

(b)if paragraph (a) does not apply, but the chief executive asks the applicant for further information to decide the application—within 60 days after the chief executive receives the further information; or

(2)Despite subsection (1), the chief executive may, by notice given to the applicant, extend the period for making and advising a decision on the application by a further 60 days if the chief executive considers that the extension is justified because of the complexity of matters required to be considered in reaching the decision.

(3)When the chief executive makes a decision on the application, it must be given to the applicant in the form of an information notice.

(4)If the decision is that the applicant is entitled to be paid compensation, the information notice must state the amount of the compensation.

(5)If the chief executive fails to give the applicant notice of the decision by the day required under subsection (1) or (2)—

(a)the chief executive is taken to have decided that the applicant is not entitled to any statutory compensation for the loss or damage the subject of the application; and

(b)the applicant is entitled to receive an information notice for the decision under paragraph (a).

Chapter 12Evidence, legal proceedings and reviews

Part 1Evidence

352Application of pt 1

This part applies to a proceeding under this Act.

353Appointments and authority

The following must be presumed unless a party to the proceeding, by reasonable notice, requires proof of it—

(a)the chief executive’s appointment;

(b)a chief executive officer’s appointment;

(c)a designated officer’s appointment;

(d)an auditor’s appointment;

(e)an accredited certifier’s accreditation;

(f)the authority of any of the chief executive, a local government, a chief executive officer, an authorised officer, an auditor or an accredited certifier to do anything under this Act.

354Signatures

A signature purporting to be the signature of the chief executive, a chief executive officer, an authorised officer or an accredited certifier is evidence of the signature it purports to be.

355Evidentiary aids

(1)A certificate purporting to be signed by the chief executive, or a chief executive officer, stating any of the following matters is evidence of the matter—

(a)a stated document is 1 of the following things made, given, issued or kept under this Act—

(i)an appointment, approval or decision;

(ii)a notice, direction or requirement;

(iii)a permit;

(iv)a record or an extract from a record;

(v)a code of practice;

(b)a stated document is another document kept under this Act;

(c)a stated document is a copy of, or an extract from a part of, a thing mentioned in paragraph (a) or (b);

(d)on a stated day, or during a stated period, a stated person was or was not the holder of a permit;

(e)on a stated day, or during a stated period, a permit—

(i)was or was not in force; or

(ii)was or was not subject to a stated condition;

(f)on a stated day a permit was suspended for a stated period, surrendered or cancelled;

(g)on a stated day, or during a stated period, a stated appointment, including a person’s appointment as an authorised officer, was or was not in force for a stated person or thing;

(h)on a stated day—

(i)a stated person was given a stated notice or direction under this Act; or

(ii)a stated requirement under this Act was made of a stated person; or

(iii)a stated amount is payable under this Act by a stated person.

(2)In a complaint starting a proceeding, a statement that the matter came to the complainant’s knowledge on a stated day is evidence of when the matter came to the complainant’s knowledge.

(3)In a proceeding in which the State or a local government applies under section 358
to recover costs incurred by the State or local government, a certificate by the chief executive for the State or the chief executive officer of the local government stating that stated costs were incurred and the way in which, and purpose for which, they were incurred is evidence of the matters stated.

(4)In this section—

permit means—

(a)a prohibited matter permit; or

(b)a restricted matter permit.

Part 2Legal proceedings

356Offences under this Act

(1)An offence against this Act that has a penalty of more than 2 years imprisonment is an indictable offence that is a misdemeanour.

(2)Any other offence against this Act is a summary offence.

(3)A proceeding for an indictable offence may be taken, at the prosecution’s election—

(9)A proceeding for an offence against this Act that is to be heard in a summary way under the Justices Act 1886
must start within—

(a)1 year after the commission of the offence; or

(b)1 year after the offence comes to the complainant’s knowledge, but within 2 years after the offence was committed.

357Allegations of false or misleading information or document

In any proceeding for an offence against this Act defined as involving false or misleading information, or a false or misleading document, it is enough for a charge to state that the information or document was ‘false or misleading’ to the person’s knowledge, without specifying which.

358Recovery of costs of investigation

(1)This section applies if—

(a)a court convicts a person of an offence against this Act; and

(b)the State or a local government applies to the court for an order against the person for the payment of the costs the State or the local government has incurred in taking a thing or doing something else during the investigation of the offence; and

(c)the court finds the State or local government has reasonably incurred the costs.

(2)The court may order the person to pay the State or local government an amount equal to the costs if it is satisfied it would be just to make the order in the circumstances of the particular case.

(4)An application to a court under this section, and any order made by the court on the application, is a judgment in the court’s civil jurisdiction.

(5)Any issue is to be decided on the balance of probabilities.

359Responsibility for acts or omissions of representative

(1)This section applies in a proceeding for an offence against this Act.

(2)If it is relevant to prove a person’s state of mind about a particular act or omission, it is enough to show—

(a)the act was done or omitted to be done by a representative of the person within the scope of the representative’s actual or apparent authority; and

(b)the representative had the state of mind.

(3)An act done or omitted to be done for a person by a representative of the person within the scope of the representative’s actual or apparent authority is taken to have been done or omitted to be done also by the person, unless the person proves the person could not, by the exercise of reasonable diligence, have prevented the act or omission.

(4)In this section—

representative means—

(a)for a corporation—an executive officer, employee or agent of the corporation; or

(b)for an individual—an employee or agent of the individual.

state of mind of a person includes—

(a)the person’s knowledge, intention, opinion, belief or purpose; and

(b)the person’s reasons for the intention, opinion, belief or purpose.

360Fines payable to local government

(1)This section applies if—

(a)a proceeding for an offence about a matter is taken by a local government; and

(b)a court imposes a fine for the offence.

(2)The fine must be paid to the local government.

Part 3Reviews

Division 1Internal reviews

361Internal review process

Every external review of a decision to which an information notice relates must be in the first instance by way of an application for internal review.

362Who may apply for internal review

The following persons may apply to the issuing authority for an information notice for an internal review of the decision (an internal review application) to which it relates—

(a)a person who has been given, or is entitled to be given, the information notice for the decision;

(b)for a decision to seize or forfeit a thing—a person in control of the thing.

363Requirements for making application

(1)An internal review application must—

(a)be in the approved form; and

(b)be supported by enough information to enable the issuing authority to decide the application; and

(c)be made within 14 days after the applicant is given the information notice for the decision the subject of the application.

(2)However, the issuing authority may, at any time, extend the time for making an internal review application.

364Stay of operation of original decision

(1)An internal review application does not stay the decision the subject of the application (the original decision).

(2)However, the applicant may immediately apply for a stay of the original decision to the relevant body.

(3)The relevant body may stay the original decision to secure the effectiveness of the internal review and a later appeal to the court or external review by QCAT.

(4)The stay—

(a)may be given on conditions the relevant body considers appropriate; and

(b)operates for the period fixed by the relevant body; and

(c)may be amended or revoked by the relevant body.

(5)The period of the stay must not extend past the time when the issuing authority makes an internal review decision about the original decision and any later period the relevant body allows the applicant to enable the applicant to appeal against, or apply for an external review of, the internal review decision.

(6)An internal review application affects the original decision, or carrying out of the decision, only if the decision is stayed.

(7)In this section—

relevant body means—

(a)for an original decision to seize or forfeit a thing—the court; or

(b)for another original decision—QCAT.

365Internal review

(1)The issuing authority must, within 20 days after receiving an internal review application made under section 363
—

(a)conduct an internal review of the original decision; and

(b)make a decision (the internal review decision) to—

(i)confirm the original decision; or

(ii)amend the original decision; or

(iii)substitute another decision for the original decision.

(2)The application must not be dealt with by—

(a)the person who made the original decision; or

(b)a person in a less senior office than the person who made the original decision.

A person given, or entitled to be given, a QCAT information notice under section 366
for an internal review decision may apply, as provided under the QCAT Act, to QCAT for an external review of the decision.

Note—

The QCAT Act, section 22
(3) provides that QCAT may stay the operation of the internal review decision, either on application by a person or on its own initiative.

Division 3Appeals

368Who may appeal

A person who has applied for an internal review of an original decision to seize or forfeit a thing and is dissatisfied with the internal review decision may appeal to the court against the decision.

369Procedure for an appeal to the court

(1)An appeal is started by filing notice of appeal with the clerk of the court.

(2)A copy of the notice must be served on the issuing authority.

(3)The notice of appeal must be filed within 28 days after the appellant receives notice of the internal review decision appealed against.

(4)However, the court may, at any time, extend the time for filing the notice of appeal.

(5)The notice of appeal must state fully the grounds of the appeal.

370Stay of operation of internal review decision

(1)The court may grant a stay of the operation of an internal review decision appealed against to secure the effectiveness of the appeal.

(2)A stay—

(a)may be granted on conditions the court considers appropriate; and

(b)operates for the period fixed by the court; and

(c)may be amended or revoked by the court.

(3)The period of a stay stated by the court must not extend past the time when the court decides the appeal.

(4)An appeal against a decision affects the decision, or the carrying out of the decision, only if the decision is stayed.

371Powers of court on appeal

(1)In deciding an appeal, the court—

(a)has the same powers as the issuing authority in making the internal review decision appealed against; and

(b)is not bound by the rules of evidence; and

(c)must comply with natural justice.

(2)An appeal is by way of rehearing.

(3)The court may—

(a)confirm the internal review decision; or

(b)set aside the internal review decision and substitute another decision; or

(c)set aside the internal review decision and return the matter to the issuing authority with directions the court considers appropriate.

372Effect of decision of court on appeal

(1)If the court acts to set aside the internal review decision and return the matter to the issuing authority with directions the court considers appropriate, and the issuing authority makes a new decision, the new decision is not subject to review or appeal under this part.

(2)If the court substitutes another decision, the substituted decision is taken to be the decision of the issuing authority, and the issuing authority may give effect to the decision as if the decision were the original decision of the issuing authority and no application for review or appeal had been made.

Chapter 13Biosecurity orders and injunctions

Part 1Biosecurity orders

Division 1General matters about biosecurity orders

373Giving biosecurity order

(1)If an authorised officer reasonably believes that a person has failed, or may fail, to discharge the person’s general biosecurity obligation at a place, the authorised officer may give the person (the recipient) an order (a biosecurity order).

(2)The authorised officer may give the person the biosecurity order regardless of the circumstances in which the authorised officer forms the belief.

Examples—

1An authorised officer enters a place under a biosecurity emergency order made for responding to an outbreak of equine influenza. The authorised officer notices Mexican feather grass (an invasive plant that is restricted matter) at the place. The authorised officer may give the occupier of the place a biosecurity order for the Mexican feather grass.

2Under a prevention and control program, an authorised officer appointed by the chief executive enters a place to which the program applies. The biosecurity matter the subject of the program is red imported fire ants. The authorised officer notices the person is keeping tilapia at the place. Tilapia is category 7 restricted matter. The authorised officer may give the occupier of the place a biosecurity order for the tilapia.

(3)A biosecurity order must be directed at ensuring the recipient discharges his or her general biosecurity obligation at the place, and may in particular be directed at ensuring the recipient discharges the general biosecurity obligation for particular biosecurity matter.

(4)The biosecurity order may state that an authorised officer proposes, at a stated time or at stated intervals, to enter any of the following where biosecurity matter or a carrier, the subject of the order, is kept to check compliance with the order—

(a)the place;

(b)a vehicle of which the recipient is the person in control;

(c)another place of which the recipient is the occupier.

Note—

See section 270
for the procedure for entry to check compliance with a biosecurity order.

(5)The biosecurity order may state how the recipient may show that the stated action has been taken.

(a)the name and address of the recipient, or any other identifying information about the recipient that the authorised officer can reasonably obtain;

(b)if the authorised officer reasonably believes the recipient has failed to discharge the recipient’s general biosecurity obligation—the way in which the recipient has failed to discharge the recipient’s general biosecurity obligation;

(c)the place where the recipient failed, or may fail, to discharge the recipient’s general biosecurity obligation;

(d)the action the recipient must take at the place to prevent or reduce the biosecurity risk arising from the recipient’s failure, or possible failure, to discharge the recipient’s general biosecurity obligation;

(e)the period within which the action must be taken;

(f)the action, if any, the recipient must take to show the recipient is complying with the biosecurity order and the period within which the action must be taken;

Example—

photos, taken before, during and after treatment, of land infested with restricted matter

(g)the name of the authorised officer;

(h)the name, address and contact details of the issuing authority for the biosecurity order;

(i)that it is an offence for the recipient not to comply with the order unless the recipient has a reasonable excuse.

(2)The period stated under subsection (1)(e) must be reasonable having regard to the biosecurity risk arising from the recipient’s failure, or possible failure, to discharge his or her general biosecurity obligation.

(3)The biosecurity order must also set out, or state the effect of, sections 262
and 263
.

375What biosecurity order may require

Without limiting sections 373
and 374
, the biosecurity order may require the recipient to do any of the following at the place—

(a)treat in a stated way, or refrain from treating, a carrier of biosecurity matter to control the biosecurity matter or to lessen the risk of the spread of the biosecurity matter;

(b)dispose of biosecurity matter or a carrier in a stated way, including by burning or burying it or by depositing it at a place where waste is deposited or disposed of;

(c)destroy, or cause the destruction of, biosecurity matter or a carrier at the place in a stated way;

(d)control or eradicate biosecurity matter in a stated way;

(e)clean or disinfect the place, or part of the place, a person at the place or anything on the person or a carrier at the place in a stated way;

(f)stop using the place or part of the place, for a stated purpose or a stated period, or until stated action is taken;

(g)remove biosecurity matter or a carrier from the place to another place and destroy, or cause the destruction of, the biosecurity matter or the carrier at the other place in a stated way;

(h)prohibit, or restrict in a stated way, the removal of biosecurity matter or a carrier;

(i)remove biosecurity matter or a carrier from the State or part of the State in a stated way.

376Requirements for giving biosecurity order

(1)A biosecurity order must be in writing.

(2)However, a biosecurity order may be given orally if—

(a)for any reason it is not practicable to immediately give the order in writing; and

(b)the authorised officer giving the biosecurity order gives the recipient a warning that, without reasonable excuse, it is an offence for the recipient not to comply with the order.

(3)If the biosecurity order is given in writing, the order must be accompanied by, or include, an information notice for the authorised officer’s decision to give the order.

(4)If the biosecurity order is given orally, the authorised officer must—

(a)when giving the order, tell the recipient that—

(i)the recipient will be given, as soon as practicable, an information notice for the decision to give the order; and

(ii)the recipient is entitled to apply for an internal review of the decision to give the order; and

(iii)if the recipient applies for an internal review of the decision to give the order, the recipient may immediately apply for a stay of the decision; and

(b)as soon as practicable after giving the order, confirm the order by giving the recipient a notice that—

(i)states the terms of the order and the date the order was given; and

(ii)is accompanied by, or includes, an information notice for the authorised officer’s decision to give the order.

The recipient of a biosecurity order must comply with the order unless the recipient has a reasonable excuse.

Maximum penalty—800 penalty units.

Note—

If a recipient fails to comply with a biosecurity order, the issuing authority for the order may take action under chapter 10
, for example under section 263
. Other action may be taken under this Act, for example, under part 2
of this chapter.

378Approval for particular biosecurity order

(1)This section applies to a biosecurity order to be given to a person by an authorised person appointed by the chief executive officer of a local government if, in the opinion of the authorised person or chief executive officer, taking the action as mentioned in the biosecurity order, within the period stated in the order, would be likely to stop a business carried on by the person.

(2)Before the biosecurity order is given, the order must be approved by the chief executive officer.

379Register of biosecurity orders

(1)The administering executive of an authorised officer must keep a register of all biosecurity orders given by the authorised officer.

(2)The register must contain the following particulars for each biosecurity order—

(a)the real property description of the land to which it relates;

(b)the local government area in which the land is situated;

(c)the day the order was given;

(d)information about biosecurity matter or any other thing to which the order relates;

(e)the action required to be taken under the order;

(f)the period stated in the order for taking the action;

(g)other information prescribed under a regulation.

(3)If the administering executive is satisfied that no further action is required in relation to a biosecurity order, the administering executive may remove the order from the register.

(4)The chief executive may publish the register, or part of the register, on the department’s website.

(5)A person may, on payment of the fee prescribed under a regulation, inspect a register, kept by a chief executive officer of a local government, at the local government’s principal place of business when the place is open to the public.

(6)On application by a person and payment of the fee prescribed under a regulation, a person may buy a copy of all or part of the information held in a register.

(1)The issuing authority for a biosecurity order may recover the amount that the issuing authority properly and reasonably incurs in taking the steps under section 263
as a debt payable by the person who failed to take the action to the issuing authority.

(2)The issuing authority must give the person notice of the amount of the debt.

(3)For subsection (1), the amount becomes payable 30 days after the issuing authority gives the person notice of the amount of the debt.

(4)If the issuing authority is a local government, the amount payable to the local government is, for the purposes of recovery, taken to be rates owing to the local government.

381Cost under biosecurity order a charge over land

(1)This section applies if an amount, including any interest on the amount, (the unpaid amount) is payable to a local government by the recipient under a biosecurity order relating to a failure to discharge a general biosecurity obligation on land owned by the recipient.

(2)The unpaid amount is a charge on the land.

(3)The local government may register the charge over the land by lodging the following documents with the registrar of titles—

(a)a request to register the charge over the land, in the appropriate form;

(b)a certificate signed by the local government’s chief executive officer stating there is a charge over the land under this section.

(4)After the charge is registered over the land, the charge has priority over all other encumbrances over the land other than—

(a)encumbrances in favour of the State or a government entity; and

(b)rates payable to the local government.

(5)If the unpaid amount is paid, the local government must lodge the following documents with the registrar of titles—

(a)a request to release the charge over the land, in the appropriate form;

(b)a certificate signed by the local government’s chief executive officer stating the unpaid amount has been paid.

(6)This section does not limit any other remedy the local government has to recover the unpaid amount.

Division 3Recovery of costs from other persons

382Recipient may apply for contribution

(1)This section applies if the recipient of a biosecurity order has complied with the order and considers another person (the third party), whether or not the State, is wholly or partly responsible for the failure to discharge the general biosecurity obligation the subject of the order.

(2)The recipient may apply to a court for an order (a cost recovery order) that the third party reimburse the recipient for part or all of the costs of complying with the biosecurity order.

(3)The application must—

(a)be sworn; and

(b)state the grounds on which the application is made; and

(c)state the name of the third party; and

(d)state the amount sought from the third party; and

(e)be accompanied by a copy of the biosecurity order.

(4)The court may refuse to consider the application until the applicant gives the court all the information the court requires about the application in the way the court requires.

Example—

The court may require additional information supporting the application be given by statutory declaration.

383Notice of hearing of cost recovery order must be given

(1)The third party to whom the application relates must be given a notice at least 14 days before the day the application is to be heard.

(2)The notice—

(a)must be accompanied by a copy of the application; and

(b)must state—

(i)the time when and the place where the application is to be heard; and

(ii)that the third party may appear at the hearing and be heard on the application; and

(iii)that, if the third party does not appear, the application may be decided in the absence of the third party.

(3)If the third party appears at the time and place stated in the notice, the third party is entitled to be heard on the application.

(4)If the third party does not appear at the time and place stated in the notice, the application may be decided in the absence of the third party.

384When court may make cost recovery order

A court may make a cost recovery order against the third party if it is satisfied—

(a)a biosecurity order was given to a person; and

(b)the person has complied with the order and has paid, or is liable to pay, an amount for the cost of complying with the order; and

(c)the third party is responsible for part or all of the failure to discharge the general biosecurity obligation the subject of the order; and

(d)a copy of the application for the cost recovery order has been given to the third party.

Part 2Injunctions

385Application of pt 2

(1)This part applies if—

(a)a person has engaged, is engaging or is proposing to engage in conduct that constitutes or would constitute an offence under chapter 2
; and

(b)the chief executive or a chief executive officer has reasonable grounds to believe that an injunction under this part is necessary to mitigate any adverse effect on a biosecurity consideration arising from the conduct.

(2)In this part, a reference to engaging in conduct may be taken to include a reference to omitting to engage in conduct, if the omission constitutes or would constitute an offence under chapter 2
.

386Who may apply for an injunction

(1)The chief executive or chief executive officer may apply to the District Court for an injunction in relation to the conduct.

(2)However, a chief executive officer may apply for an injunction in relation to the conduct only if the conduct relates to invasive biosecurity matter for the local government’s area.

387District Court’s powers

(1)On considering the application for an injunction, the District Court may grant an injunction—

(a)restraining the person from engaging in the conduct; and

(b)if in the court’s opinion it is desirable to do so, requiring the person to do anything.

(2)The power of the court to grant an injunction restraining a person from engaging in conduct may be exercised—

(a)whether or not it appears to the court that the person intends to engage again, or to continue to engage, in the conduct; and

(b)whether or not the person has previously engaged in the conduct.

(3)The power of the court to grant an injunction requiring a person to do an act or thing may be exercised—

(a)whether or not it appears to the court that the person intends to fail again, or to continue to fail, to do the act or thing; and

(b)whether or not the person has previously failed to do the act or thing.

(4)An interim injunction may be granted under this part until the application is finally decided.

(5)The District Court may rescind or vary an injunction at any time.

(6)The powers conferred on the District Court under this part are in addition to, and do not limit, any other powers of the court.

388Terms of injunction

(1)The District Court may grant an injunction in the terms the court considers appropriate.

(2)Without limiting subsection (1), an injunction may be granted restraining a person from carrying on a business or carrying out another activity—

(a)for a stated period; or

(b)except on stated terms and conditions.

(3)Also, the court may grant an injunction requiring a person to take stated action, including action to disclose information or publish advertisements, to remedy any adverse consequences of the person’s conduct.

389Undertakings as to damages or costs

If the chief executive or a chief executive officer applies for an injunction under this part, no undertaking as to damages or costs may be required to be made.

(v)ongoing management of biosecurity matter that caused a biosecurity event;

(b)the whole or partial reimbursement of costs incurred, or losses suffered, by a person in complying with an implemented response to a biosecurity event;

Examples of costs that may be incurred by a person in complying with an implemented response—

•costs of eradicating or controlling biosecurity matter

•costs of undertaking a measure to prevent the introduction, reintroduction or spread of biosecurity matter

Examples of losses that may be suffered by a person in complying with an implemented response—

•the value of animals or plants owned by the person that are destroyed to eradicate or control biosecurity matter or to prevent the introduction, reintroduction or spread of biosecurity matter

•the value of production that is foregone because land owned by the person must be left fallow to prevent the introduction, reintroduction or spread of biosecurity matter

(c)sharing, between the parties to the agreement, of any of the following costs incurred by a party to the agreement—

(i)costs of an implemented response to a biosecurity event, including, for example, labour costs, operating expenses and capital expenditure;

(ii)costs of reimbursing persons for costs incurred, or losses suffered, by them in complying with the implemented response;

(d)restrictions applying to cost sharing under the agreement;

Examples of restrictions that may apply to cost sharing under the agreement—

•only a stated maximum amount is eligible for cost sharing under the agreement

•only the stated types of costs are eligible for cost sharing under the agreement

(e)anything else necessary or convenient for the matters mentioned in paragraphs (a) to (d).

(2)Subsection (1)(c) does not limit the types of costs that may be subject to cost sharing under the agreement.

(3)In this section—

implemented response, to a biosecurity event, means action taken in response to the biosecurity event, under a term of a government and industry agreement that states how the parties to the agreement will respond, or decide what their response will be, to the biosecurity event.

(c)identifies any biosecurity risk matter the subject of the agreement; and

(d)provides for—

(i)the application of particular procedures relating to the biosecurity risk matter that must be carried out by the other party; and

(ii)the records the other party must keep to show compliance with the procedures; and

(iii)the supervision, monitoring and testing of the other party’s compliance with the procedures.

(2)A compliance agreement may provide that, in the circumstances and to the extent stated in the agreement, the chief executive may give the other party notice—

(a)cancelling or amending the agreement; or

(b)suspending the operation of the agreement—

(i)for a stated period; or

(ii)until the happening of a stated event.

(3)An inspector may give the other party notice of the application of particular procedures that are additional to the procedures contained in the compliance agreement.

(4)However, the inspector may give notice under subsection (3) only if the inspector is acting under chapter 10
, part 3
.

(5)If the inspector gives notice under subsection (3), the procedures stated in the notice are taken to be procedures in the compliance agreement.

(6)Also, a compliance agreement is of no effect to the extent it purports to authorise an act or omission that is contrary to a biosecurity emergency order, a biosecurity zone regulatory provision or a movement control order.

394What is a compliance certificate

A compliance certificate is a certificate—

(a)issued under a compliance agreement by a person authorised by the other party to the agreement to give the certificate; and

(b)stating that the measures proposed for preventing or managing exposure to all biosecurity risks relating to the biosecurity risk matter for the agreement have been carried out.

395Effect of compliance agreement if holding compliance certificate

(1)This section applies if—

(a)the biosecurity risk matter stated in a compliance agreement is the dealing with a particular biosecurity matter or carrier; and

(b)a person holds a compliance certificate under the agreement for the biosecurity risk matter.

(2)An authorised officer may, in exercising powers under this Act relating to the biosecurity risk matter, accept and, without further checking, rely and act on the compliance certificate.

Example—

An authorised officer may release to the other party to a compliance agreement biosecurity matter or a carrier that has been seized under chapter 10
, part 4
, division 5 if the other party holds a compliance certificate for the biosecurity matter or carrier.

Division 2Applications for compliance agreements

396Requirements for application

(1)A person may apply to the chief executive in the approved form to enter into a compliance agreement with the State.

(2)The application must state each of the following—

(a)the details about the applicant that are prescribed under a regulation;

(b)a brief description of the nature of the business the applicant conducts, including details of any biosecurity matter or carrier the business deals with, or activity carried out by the business, (the biosecurity risk matter) that may pose a biosecurity risk;

(c)the biosecurity risks that are reasonably likely to be associated with the biosecurity risk matter;

(d)the measures proposed to prevent or manage exposure to the biosecurity risks and to help achieve the purposes of this Act, including measures—

(i)to minimise the likelihood of the applicant’s dealing with biosecurity risk matter causing a biosecurity event; or

(ii)to limit the consequences of a biosecurity event caused by the applicant’s dealing with biosecurity risk matter;

Examples—

•hygiene or disinfection practices

•staff training

•operating procedures for plant and equipment used in the applicant’s business

•the implementation of quality assurance measures to ensure the biosecurity risks associated with the biosecurity risk matter are identified, monitored and controlled

(e)when assessment of the proposed measures mentioned in paragraph (d) will be carried out and the way the measures will be assessed;

(f)whether the applicant proposes complying with a recognised way of managing the biosecurity risks for the applicant’s business, including, for example, an Australian standard or a code of practice;

(g)if the applicant or, if the applicant is a corporation or an incorporated association, if an executive officer of the corporation or a member of the association’s management committee has a conviction for a relevant biosecurity offence, other than a spent conviction—details of the offence and the circumstances of its commission;

(h)other information prescribed under a regulation relating to control of the biosecurity risks.

(3)The application must be accompanied by the fee prescribed under a regulation.

397Consideration of application

The chief executive must consider the application and decide to grant, or refuse to grant, the application.

398Criteria for deciding application

(1)The chief executive may grant the application only if satisfied—

(a)the measures proposed to prevent or manage exposure to the biosecurity risks are suitable for the biosecurity risk matter; and

(i)the applicant’s business has implemented procedures that provide a way for preventing or managing exposure to all biosecurity risks relating to the biosecurity risk matter; and

(ii)the applicant can comply with the requirements of the compliance agreement.

(2)Further, in deciding whether or not to grant the application, the chief executive must consider whether the applicant is a suitable person to enter into a compliance agreement.

399Inquiry about application

(1)Before deciding the application, the chief executive—

(a)may make inquiries to decide the suitability of the applicant to enter into a compliance agreement; and

(b)may, by notice given to the applicant, require the applicant to give the chief executive, within the reasonable period of at least 30 days stated in the notice, further information or a document the chief executive reasonably requires to decide the application.

(2)The applicant is taken to have withdrawn the application if, within the stated period, the applicant does not comply with a requirement under subsection (1)(b).

(3)A notice under subsection (1)(b) must be given to the applicant within 30 days after the chief executive receives the application.

(4)The information or document under subsection (1)(b) must, if the notice requires, be verified by statutory declaration.

400Suitability of applicant to enter into compliance agreement

In considering whether an applicant is a suitable person to enter into a compliance agreement, the chief executive must have regard to whether the applicant or, if the applicant is a corporation or an incorporated association, an executive officer of the corporation or a member of the association’s management committee—

(a)has a conviction for a relevant biosecurity offence, other than a spent conviction; or

(b)has previously entered into a compliance agreement that the chief executive has suspended or cancelled under division 3
.

401Decision on application

(1)If the chief executive decides to grant the application, the chief executive must—

(a)decide the provisions of the compliance agreement; and

(b)give the applicant an information notice for the decision that includes the proposed provisions; and

(c)on behalf of the State, enter into a compliance agreement with the applicant.

(2)Without limiting section 393
, the provisions of a compliance agreement may include any of the following—

(a)that the applicant must comply with a document, including, for example, an Australian standard or a code of practice, in conducting the applicant’s business;

(b)particular procedures relating to biosecurity matter that must be carried out by the applicant under the agreement;

(c)the records the applicant must keep to show compliance with the procedures;

(d)agreed procedures for the supervision, monitoring and testing of the applicant’s compliance with the procedures;

(e)the performance outcomes for the procedures;

(f)circumstances in which the agreement can be cancelled or suspended;

(g)circumstances in which the agreement can be amended;

(h)the way and the intervals in which the applicant is required to report on the applicant’s compliance with the agreement and any other matter stated in the agreement;

(i)the information, or documents, relating to the applicant’s business that the applicant may be required to give the chief executive;

(j)the day that the agreement takes effect;

(k)any other conditions the chief executive considers necessary or desirable to ensure the biosecurity risks that are reasonably likely to be associated with the biosecurity risk matter are prevented or managed.

(3)A compliance agreement must state its term that is not more than 5 years after the agreement takes effect.

Note—

See sections 393
and 407
for when the chief executive may cancel a compliance agreement.

(4)If the chief executive decides to refuse the application, the chief executive must as soon as practicable give the applicant an information notice for the decision.

402Failure to decide application

(1)Subject to subsections (2) and (3), if the chief executive fails to decide the application within 30 days after its receipt, the failure is taken to be a decision by the chief executive to refuse to grant the application.

(2)Subsection (3) applies if—

(a)a person has made an application to enter into a compliance agreement; and

(b)the chief executive has, under section 399
(1), required the applicant to give the chief executive further information or a document.

(3)The chief executive is taken to have refused to grant the application if the chief executive does not decide the application within 30 days after the chief executive receives the further information or document.

(4)If the application is taken to be refused under this section, the applicant is entitled to be given an information notice by the chief executive for the decision.

Division 3Suspension and cancellation of compliance agreements

403Grounds for suspension or cancellation

(1)Each of the following is a ground for suspending or cancelling a compliance agreement—

(a)the other party to the agreement is not, or is no longer, a suitable person to be a party to the agreement;

(c)the chief executive reasonably believes the other party has not complied, or is not complying, with the agreement;

(d)a compliance audit of the other party’s business identifies a noncompliance with the agreement and the noncompliance is likely to cause a significant biosecurity risk;

(e)the chief executive entered into the agreement in reliance on a materially false or misleading representation or declaration of the other party;

(f)a ground for cancelling or suspending the agreement has arisen under section 401
(2)(f).

(2)For forming a belief that the ground mentioned in subsection (1)(a) exists, the chief executive may have regard to the matters to which the chief executive may have regard in deciding whether an applicant for entering into a compliance agreement is a suitable person to enter into the agreement.

404Show cause notice

(1)This section applies if the chief executive believes a ground exists to suspend or cancel the compliance agreement.

(2)The chief executive must give the other party to the agreement a notice under this section (a show cause notice).

(3)The show cause notice must state the following—

(a)the action the chief executive proposes taking under this division (the proposed action);

(b)the grounds for the proposed action;

(c)an outline of the facts and circumstances forming the basis for the grounds;

(d)if the proposed action is suspension of the agreement—the proposed suspension period;

(e)that the other party may, within a stated period (the show cause period), make written representations to the chief executive to show why the proposed action should not be taken.

(4)The show cause period must end at least 28 days after the other party is given the show cause notice.

405Representations about show cause notice

(1)The other party to the compliance agreement may make written representations about the show cause notice to the chief executive in the show cause period.

(2)The chief executive must consider all representations (the accepted representations) for the show cause notice made under subsection (1).

406Ending show cause process without further action

If, after considering the accepted representations for the show cause notice, the chief executive no longer believes a ground exists to suspend or cancel the compliance agreement, the chief executive—

(a)must not take any further action about the show cause notice; and

(b)must give the other party to the agreement a notice that no further action is to be taken about the show cause notice.

407Suspension or cancellation

(1)This section applies if—

(a)there are no accepted representations for the show cause notice; or

(b)after considering the accepted representations for the show cause notice, the chief executive—

(i)still believes a ground exists to suspend or cancel the compliance agreement; and

(ii)believes suspension or cancellation of the agreement is warranted.

(2)The chief executive may—

(a)if the proposed action was to suspend the agreement—suspend the agreement for not longer than the proposed suspension period; or

(b)if the proposed action was to cancel the agreement—cancel the agreement or suspend it for a period.

(3)If the chief executive decides to take action under subsection (2), the chief executive must as soon as practicable give the other party to the agreement an information notice for the decision.

biosecurity accreditation system, of an approved operator of, or an applicant for approval to operate, an approved biosecurity accreditation scheme, means the processes, equipment, personnel and resources developed for operating the scheme.

ICA scheme means the national scheme, based on an intergovernmental agreement, that provides for the operational procedures known generally as Interstate Certification Assurance.

ICA system, of an applicant, means the processes, equipment, personnel and resources developed for use by the applicant for complying with the requirements of each operational procedure identified in the application.

operational procedure means a procedure—

(a)to identify, prevent, minimise or mitigate the biosecurity risks relating to particular biosecurity matter, a carrier of the matter or activities dealing with the matter; and

(b)that, if followed, provides a sound basis for issuing a biosecurity certificate in relation to the matter, carrier or activity.

(c)an offence involving the supply or use of a chemical for agricultural purposes, including an offence against a law relating to the supply or use of agricultural chemical products, as defined under the Agvet Code of Queensland applying under the Agricultural and Veterinary Chemicals (Queensland) Act 1994
;

(d)an offence against a law applying, or that applied, in the Commonwealth, another State or a foreign country if the offence substantially corresponds to an offence mentioned in paragraph (a), (b) or (c).

Part 2Purpose and operation of biosecurity certificates and the accreditation system

412What is a biosecurity certificate

A biosecurity certificate is a certificate about whether stated biosecurity matter or another stated thing, including, for example, a carrier of prohibited matter or restricted matter—

(a)is free of any stated prohibited matter or restricted matter; or

(b)is free of any stated regulated biosecurity matter; or

(c)is, for the purposes of a law that is a corresponding law to this Act, free of any stated biosecurity matter; or

(d)is in a stated condition; or

(e)is from a stated area; or

(f)has been the subject of a stated treatment; or

(g)meets stated requirements, including, for example, that it complies with requirements for certification as stated in an accreditation.

413Purpose and operation of acceptable biosecurity certificates

(1)An acceptable biosecurity certificate is intended to provide a convenient basis on which a person may be taken to comply with, or may be exempted from, particular requirements of this Act or of a corresponding law to this Act about prohibited or restricted matter or about biosecurity matter that may pose a risk to a biosecurity consideration.

(2)Subsection (3) applies if—

(a)an accredited certifier, in compliance with this Act, gives a biosecurity certificate for biosecurity matter or another stated thing (an acceptable biosecurity certificate); or

(b)an interstate accredited certifier or interstate officer, in compliance with a corresponding law to this Act, gives a biosecurity certificate, however called, for biosecurity matter or another stated thing, and there is an intergovernmental agreement that provides for recognition in Queensland of the certificate (also an acceptable biosecurity certificate); or

(c)an interstate officer, in compliance with a corresponding law to this Act, gives a certificate that is, or is in the nature of, a biosecurity certificate, however called, for biosecurity matter or another stated thing (also an acceptable biosecurity certificate).

(3)If the acceptable biosecurity certificate makes a statement about the existence of a fact, an authorised officer may accept and, without further checking, rely and act on the acceptable biosecurity certificate.

Example—

An authorised officer’s functions include carrying out an inspection of a carrier of biosecurity matter. An acceptable biosecurity certificate has been given for the biosecurity matter stating that the measures stated for preventing or managing exposure to biosecurity risks relating to the biosecurity matter have been carried out. The authorised officer is not required to carry out the inspection of the carrier.

(4)In this section—

interstate accredited certifier means a person who holds accreditation, however called, in another State under a corresponding law to this Act and the accreditation is recognised, under an intergovernmental agreement, as being equivalent to accreditation held by an accredited certifier.

interstate officer means a person who holds a position, however called, equivalent to an authorised officer in a department of the Commonwealth or of another State that deals with the same matters as this Act or a provision of this Act under a corresponding law to this Act.

414Purpose and operation of accreditation system

The purpose of the accreditation system under this chapter is to allow for persons to gain accreditation for the purposes of giving biosecurity certificates under this Act.

415Giving biosecurity certificates

(1)An accredited certifier may refuse to give a person a biosecurity certificate if the accredited certifier has not, to the accredited certifier’s reasonable satisfaction, done any of the following in relation to anything intended to be the subject of the certificate—

(a)inspect, test or treat the thing;

(b)take samples of the thing;

(c)supervise the treatment or grading of the thing;

(d)examine materials or equipment used to treat or grade the thing;

(e)do anything else the accredited certifier reasonably considers necessary or beneficial for the purposes of giving the biosecurity certificate.

(2)A biosecurity certificate may be given under this Act personally by an accredited certifier or, if accreditation conditions permit, by another person acting under the direction of the accredited certifier.

(3)Subject to accreditation conditions and to this Act, an accredited certifier may give a biosecurity certificate in relation to the person’s own biosecurity matter or other thing or another person’s biosecurity matter or other thing.

Part 3Accreditation of inspector or authorised person

416Application of part limited to authorised officers appointed by chief executive

(1)This part applies to an inspector only if the inspector was appointed by the chief executive under chapter 10
, part 1
, division 1.

(2)This part applies to an authorised person only if the authorised person was appointed by the chief executive under chapter 10
, part 1
, division 2.

417Accreditation of inspectors

An inspector is an accredited certifier subject to any conditions, including limitations—

(a)included in the inspector’s instrument of appointment as an inspector; or

(b)as advised to the inspector from time to time by the chief executive.

418Accreditation of authorised persons appointed by chief executive

(1)A person appointed as an authorised person by the chief executive is an accredited certifier if—

(a)the authorised person’s accreditation is provided for in the authorised person’s instrument of appointment or in any advice given to the authorised person by the chief executive at any time after appointment; and

(b)the chief executive has not withdrawn the accreditation by advice given to the authorised person.

(2)The authorised person’s accreditation is subject to any conditions, including limitations—

(a)included in the authorised person’s instrument of appointment as an authorised person; or

(b)as advised to the authorised person from time to time by the chief executive.

419Fees

A regulation may provide for the fees payable for the giving of a biosecurity certificate by an authorised officer who is also an accredited certifier.

(1)A person may apply to the chief executive for the grant of an accreditation.

(2)An application for accreditation must—

(a)be made in the approved form; and

(b)be accompanied by the fee prescribed under a regulation.

(3)If the applicant or, if the applicant is a corporation or an incorporated association, if an executive officer of the corporation or a member of the association’s management committee has a conviction for a relevant accreditation offence, other than a spent conviction, the application must include details of the offence and the circumstances of its commission.

(4)Subsection (3) does not limit the information that may be required under the approved form.

(5)A person who applies to the chief executive for a grant of an accreditation must not, in making the application, give the chief executive information that the person knows or ought reasonably to know is false or misleading in a material particular.

Maximum penalty—200 penalty units.

421Additional application requirements for ICA scheme

If the grant of accreditation is for the purposes of the applicant’s participation in the ICA scheme, the application must—

(a)identify the operational procedures provided for under the scheme and that are directly relevant to the proposed grant of accreditation; and

(b)include details of the applicant’s ICA system relevant to each operational procedure; and

(c)identify the biosecurity matter to be covered by the accreditation; and

(d)if relevant to the accreditation, identify the chemicals to be covered by the accreditation and include evidence that the applicant is suitably authorised to deal with the chemicals.

422Consideration of application

The chief executive must consider the application and decide to—

(a)grant the accreditation applied for or another accreditation; or

(b)grant the accreditation on conditions; or

(c)refuse to grant the accreditation.

423Criteria for granting accreditation

(1)The chief executive may grant accreditation only if satisfied the applicant—

(a)has the necessary expertise or experience to perform the functions of an accredited certifier; and

(b)is a suitable person to be an accredited certifier.

(2)Subsections (3) and (4) apply if the grant of accreditation is for the purposes of the applicant’s participation in the ICA scheme.

(3)The chief executive must ensure that an audit is conducted of each of the applicant’s ICA systems, or proposed ICA systems, relevant to the application, and must have regard to the results of the audit in deciding whether to grant accreditation.

(4)Without limiting subsection (3), the chief executive must have regard to whether each ICA system or proposed ICA system satisfies the requirements of any operational procedure to which the system is directed.

424Inquiry about application

(1)Before deciding the application, the chief executive—

(a)may make inquiries to decide the suitability of the applicant to be an accredited certifier; and

(b)may, by notice given to the applicant, require the applicant to give the chief executive within the reasonable period of at least 30 days stated in the notice, further information or a document the chief executive reasonably requires to decide the application.

(2)The applicant is taken to have withdrawn the application if, within the stated period, the applicant does not comply with a requirement under subsection (1)(b).

(3)A notice under subsection (1)(b) must be given to the applicant within 30 days after the chief executive receives the application.

(4)The information or document under subsection (1)(b) must, if the notice requires, be verified by statutory declaration.

425Suitability of person for accreditation

In deciding whether the applicant is a suitable person for accreditation, the chief executive may have regard to the following—

(a)whether the applicant has been refused an accreditation under this Act or a similar accreditation under a repealed Act or a corresponding law to this Act;

(b)whether the applicant held an accreditation under this Act or a similar accreditation under a repealed Act or a corresponding law to this Act, that was suspended or cancelled;

(c)whether the applicant or, if the applicant is a corporation or an incorporated association, whether an executive officer of the corporation or a member of the association’s management committee has a conviction for a relevant accreditation offence, other than a spent conviction;

(d)any other matter the chief executive considers relevant to the person’s ability to perform the functions of an accredited certifier.

426Decision on application

(1)If the chief executive decides to grant the accreditation, the chief executive must give the accreditation to the applicant.

(2)If the chief executive decides to refuse to grant the accreditation, or to impose conditions on the accreditation under section 430
(1), the chief executive must as soon as practicable give the applicant an information notice for the decision.

427Failure to decide application

(1)Subject to subsections (2) and (3), if the chief executive fails to decide the application within 30 days after its receipt, the failure is taken to be a decision by the chief executive to refuse to grant the application.

(2)Subsection (3) applies if—

(a)a person has made an application for an accreditation; and

(b)the chief executive has, under section 424
(1)(b), required the applicant to give the chief executive further information or a document.

(3)The chief executive is taken to have refused to grant the accreditation if the chief executive does not decide the application within 30 days after the chief executive receives the further information or document.

(4)If the application is taken to be refused under this section, the applicant is entitled to be given an information notice by the chief executive for the decision.

428Term of accreditation

Unless sooner cancelled or suspended, an accreditation remains in force for the period, of not more than 3 years, decided by the chief executive and stated in the accreditation.

429Form of accreditation

An accreditation may be given in a way the chief executive considers appropriate.

Example—

The chief executive may give an accreditation in the form of a certificate, or an agreement or arrangement with the accredited certifier.

(1)An accredited certifier may apply to the chief executive for renewal of the person’s accreditation.

(2)The application must—

(a)be made within 60 days before the term of the accreditation ends; and

(b)be made in the approved form; and

(c)be accompanied by the fee prescribed under a regulation.

(3)The chief executive must consider the application and decide to renew, or refuse to renew, the accreditation.

(4)In deciding the application, the chief executive may have regard to the matters to which the chief executive may have regard in deciding whether an applicant for an accreditation is a suitable person to be an accredited certifier.

(5)If the chief executive decides to refuse to renew the accreditation, or to impose conditions on the accreditation, the chief executive must as soon as practicable give the applicant an information notice for the decision.

(6)An accreditation may be renewed by issuing another accreditation to replace it.

433Inquiry about application

(1)Before deciding an application under this part for renewal of a person’s accreditation, the chief executive may, by notice given to the applicant, require the applicant to give the chief executive, within the reasonable period of at least 30 days stated in the notice, further information or a document the chief executive reasonably requires to decide the application.

(2)The applicant is taken to have withdrawn the application if, within the stated period, the applicant does not comply with the requirement.

(3)A notice under subsection (1) must be given to the applicant within 30 days after the chief executive receives the application.

(4)The information or document under subsection (1) must, if the notice requires, be verified by statutory declaration.

434Failure to decide application

(1)Subject to subsections (2) and (3), if the chief executive fails to decide the application within 30 days after its receipt, the failure is taken to be a decision by the chief executive to refuse to grant the application.

(2)Subsection (3) applies if—

(a)a person has made an application for renewal of the person’s accreditation; and

(b)the chief executive has, under section 433
(1), required the applicant to give the chief executive further information or a document.

(3)The chief executive is taken to have refused to grant the application if the chief executive does not decide the application within 30 days after the chief executive receives the further information or document.

(4)If the application is taken to be refused under this section, the applicant is entitled to be given an information notice by the chief executive for the decision.

435Accreditation continues pending decision about renewal

(1)If an accredited certifier applies for renewal of an accreditation under this part, the accreditation is taken to continue in force from the day it would, apart from this section, have ended until the application is decided or, under this part, taken to have been decided or is taken to have been withdrawn.

(2)However, if the chief executive decides to refuse to renew the accreditation, or is taken to refuse to renew the accreditation, the accreditation continues in force until the information notice for the decision is given to the applicant.

(3)Subsection (1) does not apply if the accreditation is earlier suspended or cancelled.

When deciding whether the applicant is a suitable person to operate an approved biosecurity accreditation scheme, the chief executive may consider—

(a)whether the applicant has been refused approval to operate an approved biosecurity accreditation scheme under this Act or a similar approval under a corresponding law; and

(b)whether the applicant has been approved to operate an approved biosecurity accreditation scheme under this Act or a similar approval under a corresponding law, and whether that approval was suspended or cancelled; and

(c)whether the applicant has been refused an accreditation under this Act or a similar accreditation under a repealed Act or a corresponding law; and

(d)whether the applicant held an accreditation under this Act or a similar accreditation under a repealed Act or a corresponding law, that was suspended or cancelled; and

(e)whether any of the following persons have a conviction for a relevant accreditation offence, other than a spent conviction—

(i)the applicant;

(ii)if the applicant is a corporation—an executive officer of the corporation;

(iii)if the applicant is an incorporated association—a member of the association’s management committee; and

(f)any other matter the chief executive considers relevant to the person’s suitability to operate the scheme.

Unless sooner suspended or cancelled, an approval to operate an approved biosecurity accreditation scheme remains in force for the period, of not more than 3 years, decided by the chief executive and stated in the approval.

(2)The approval is granted on the following conditions (approval conditions)—

(a)the approved operator must implement and comply with the approved biosecurity accreditation scheme;

(b)the approved operator may only accredit, however described, a person under the scheme to give biosecurity certificates if the person has the necessary expertise or experience to perform the functions of an accredited certifier under the scheme;

(c)the approved operator must have a compliance audit of the operator’s operation of the scheme at the intervals stated in the conditions;

(d)the approved operator must keep a register of accredited certifiers under the scheme that contains the following particulars for each accredited certifier—

(1)When deciding the application, the chief executive may consider the matters the chief executive may consider when deciding whether an applicant for approval to operate an approved biosecurity accreditation scheme is a suitable person to operate the scheme.

(2)An approval may be renewed by issuing another approval to replace it.

(1)This section applies if an approved operator of an approved biosecurity accreditation scheme applies for renewal of the approval to operate the scheme.

(2)The approval continues in force until—

(a)the application is withdrawn or taken to have been withdrawn under this division; or

(b)if the chief executive decides to approve the application for renewal—the application is decided; or

(c)if the chief executive decides to refuse the application for renewal, or is taken to refuse the application for renewal—the chief executive gives an information notice for the decision to the applicant.

(3)Subsection (2) does not apply if the approval is earlier suspended or cancelled.

(b)an application by the owner of the scheme to be an approved operator of the scheme.

(3)If any of the following persons have a conviction for a relevant accreditation offence, other than a spent conviction, the application must include details of the offence and the circumstances of its commission—

(a)the applicant;

(b)for an applicant that is a corporation—an executive officer of the corporation;

(c)for an applicant that is an incorporated association—a member of the association’s management committee.

(4)Subsection (3) does not limit the information that may be required under the approved form.

A person who applies to the chief executive under this division must not give the chief executive information for the application that the person knows or ought reasonably to know is false or misleading in a material particular, unless the person has a reasonable excuse.

(a)may make inquiries to decide the suitability of the applicant under section 435E
(1)(b); and

(b)may, by a notice given to the applicant, require the applicant to give the chief executive within the reasonable period of at least 30 days stated in the notice, further information or a document the chief executive reasonably requires to decide the application.

(2)The applicant is taken to have withdrawn the application if, within the stated period, the applicant does not comply with a requirement under subsection (1)(b).

(3)A notice under subsection (1)(b) must be given to the applicant within 30 days after the chief executive receives the application.

(4)The information or document under subsection (1)(b) must, if the notice requires, be verified by statutory declaration.

(1)If the chief executive decides to approve the application, the chief executive must give an approval to the applicant.

(2)If the chief executive decides to refuse the application, or to impose conditions on the person’s approval, the chief executive must as soon as practicable give the applicant an information notice for the decision.

(1)Subject to subsections (2) and (3), if the chief executive fails to decide the application within 30 days after its receipt, the failure is taken to be a decision by the chief executive to refuse to grant the application.

(2)Subsection (3) applies if—

(a)a person has made an application under this part; and

(b)the chief executive has, under section 435P
(1)(b), required the applicant to give the chief executive further information or a document.

(3)The chief executive is taken to have refused to grant the approval if the chief executive does not decide the application within 30 days after the chief executive receives the further information or document.

(4)If the application is taken to be refused under this section, the applicant is entitled to be given an information notice by the chief executive for the decision.

(1)A person who is not an accredited certifier, or a person who is acting other than under the direction of an accredited certifier, must not give for biosecurity matter or another thing anything that purports to be a biosecurity certificate.

Maximum penalty—1,000 penalty units.

(2)A person must not make a statement or other representation about biosecurity matter or another thing that is likely to cause someone reasonably to believe that an acceptable biosecurity certificate has been given for the biosecurity matter or thing if—

(a)an acceptable biosecurity certificate has not been given for the biosecurity matter or thing; and

(b)the representation is made—

(i)for the sale or movement of the biosecurity matter or thing; or

(ii)to an authorised officer.

Maximum penalty—1,000 penalty units.

438Unauthorised alteration of biosecurity certificate

A person (the relevant person) must not alter, or allow another person to alter, a biosecurity certificate unless—

(a)the alteration is made under the written authorisation of the accredited certifier who gave the certificate; or

(b)all of the following apply—

(i)the biosecurity certificate relates to the consignment of animals or other biosecurity matter from 1 place to another;

(ii)the alteration is for the purposes of the splitting of the consignment into 2 or more separate consignments;

(iii)the relevant person is the holder of an accreditation that allows for the relevant person to split consignments of the type the subject of the biosecurity certificate.

Maximum penalty—200 penalty units.

439Giving accredited certifier false or misleading information

(1)A person must not, in relation to the administration of this Act, give an accredited certifier information, or a document containing information, that the person knows is false or misleading in a material particular.

Maximum penalty—200 penalty units.

(2)Subsection (1) applies to information or a document given in relation to the administration of this Act whether or not the information or document was given in response to a specific power under this Act.

440Impersonating accredited certifier

A person must not impersonate an accredited certifier.

Maximum penalty—100 penalty units.

Part 7Keeping of accreditation related records

441Keeping of biosecurity certificate by accredited certifier or receiver

(1)An accredited certifier who creates a biosecurity certificate for use by the accredited certifier or another person must keep a copy of the certificate, together with a record of the details of the use of the certificate as prescribed under a regulation, for the required period for the certificate.

Maximum penalty—200 penalty units.

(2)During the required period for a biosecurity certificate, the accredited certifier who created the certificate must, if asked by an authorised officer or a relevant auditor to produce the copy of the certificate for inspection, produce the copy for the authorised officer’s or relevant auditor’s inspection, unless the accredited certifier has a reasonable excuse.

Maximum penalty—100 penalty units.

(3)Subsections (4) and (5) apply to a person (the receiver) who receives an acceptable biosecurity certificate for use by the receiver.

(4)The receiver must, during the required period for the certificate, keep the certificate under the receiver’s control.

Maximum penalty—200 penalty units.

(5)During the required period for the certificate, the receiver must, if asked by an authorised officer to produce the certificate for inspection, produce the certificate for the authorised officer’s inspection, unless the receiver has a reasonable excuse.

Maximum penalty—100 penalty units.

(6)In this section—

relevant auditor, in relation to the production of a biosecurity certificate, means an auditor who is conducting an audit that is authorised under this Act and to which the certificate is relevant.

required period, for a certificate mentioned in this section, means—

(a)if the certificate is created for the purposes of its use in the ICA scheme, the longer of the following periods—

(i)the period of 1 year starting when the certificate is created;

(ii)the period starting when the certificate is created and ending when the first audit of the certificate, authorised under this Act, happens; or

(b)otherwise—the period of 5 years starting when the certificate is created.

Chapter 16Auditors and auditing

Part 1Auditors

Division 1Functions and approval of auditors

Subdivision 1Functions

442Auditor’s functions

The functions of an auditor are as follows—

(a)to advise the chief executive about the capacity of persons applying to enter into compliance agreements to comply with the agreements;

(b)to conduct audits of the businesses of the other parties to compliance agreements;

443Application of subdivision limited to authorised officers appointed by chief executive

(1)This subdivision applies to an inspector only if the inspector was appointed by the chief executive under chapter 10
, part 1
, division 1
.

(2)This subdivision applies to an authorised person only if the authorised person was appointed by the chief executive under chapter 10
, part 1
, division 2
.

444Approval of inspectors as auditors

An inspector is an auditor subject to any conditions, including limitations—

(a)included in the inspector’s instrument of appointment as an inspector; or

(b)as advised to the inspector from time to time by the chief executive.

445Approval of authorised persons as auditors

(1)An authorised person is an auditor if—

(a)the authorised person’s approval as an auditor is provided for in the authorised person’s instrument of appointment or in any advice given to the authorised person by the chief executive at any time after appointment; and

(b)the chief executive has not withdrawn the approval by advice given to the authorised person.

(2)An authorised person’s approval as an auditor is subject to any conditions, including limitations—

(a)included in the authorised person’s instrument of appointment as an authorised person; or

(b)as advised to the authorised person from time to time by the chief executive.

Subdivision 3Approval as auditor by application

446Application for approval as auditor

(1)An individual may apply to the chief executive for an approval as an auditor.

The chief executive must consider the application and decide to grant, or refuse to grant, the application.

448Criteria for granting application

The chief executive may grant the application only if satisfied the applicant—

(a)has the necessary expertise or experience to perform the functions of an auditor; and

(b)is a suitable person to be an auditor.

449Inquiry about application

(1)Before deciding the application, the chief executive—

(a)may make inquiries to decide the suitability of the applicant to be an auditor; and

(b)may, by notice given to the applicant, require the applicant to give the chief executive within the reasonable period of at least 30 days stated in the notice, further information or a document the chief executive reasonably requires to decide the application.

(2)The applicant is taken to have withdrawn the application if, within the stated period, the applicant does not comply with a requirement under subsection (1)(b).

(3)A notice under subsection (1)(b) must be given to the applicant within 30 days after the chief executive receives the application.

(4)The information or document under subsection (1)(b) must, if the notice requires, be verified by statutory declaration.

450Suitability of person to be an auditor

In deciding whether the applicant is a suitable person to be an auditor, the chief executive may have regard to—

(a)whether the applicant has been refused an approval or other authority as an auditor under this Act or a corresponding law; or

(b)whether the applicant held an approval or other authority as an auditor under this Act or a corresponding law that was suspended or cancelled; or

(c)another matter the chief executive considers relevant to the person’s ability to perform the functions of an auditor.

451Decision on application

(1)If the chief executive decides to grant the application, the chief executive must issue the approval to the applicant.

(2)If the chief executive decides to refuse to grant the application, or to impose conditions on the approval under section 454
(1)(b), the chief executive must as soon as practicable give the applicant an information notice for the decision.

452Failure to decide application

(1)Subject to subsections (2) and (3), if the chief executive fails to decide the application within 30 days after its receipt, the failure is taken to be a decision by the chief executive to refuse to grant the application.

(2)Subsection (3) applies if—

(a)a person has made an application for an approval; and

(b)the chief executive has, under section 449
(1)(b), required the applicant to give the chief executive further information or a document.

(3)The chief executive is taken to have refused to grant the application if the chief executive does not decide the application within 30 days after the chief executive receives the further information or document.

(4)If the application is taken to be refused under this section, the applicant is entitled to be given an information notice by the chief executive for the decision.

Division 2Term and conditions of approval

453Term of approval

An approval remains in force, unless sooner cancelled or suspended, for the term of not more than 3 years decided by the chief executive and stated in the approval.

454Conditions of approval

(1)An auditor’s approval is subject to the following conditions—

(a)the auditor must give the chief executive notice of any direct or indirect financial or other interest the auditor has in the following that could conflict with the proper performance of the auditor’s functions—

(i)the business of the other party to a compliance agreement;

(ii)the business of an accredited certifier who participates in the ICA scheme;

(b)other reasonable conditions the chief executive considers appropriate for the proper conduct of an audit and that are stated in the approval or of which the auditor is notified under subsection (3).

(2)A notice under subsection (1)(a) must be given to the chief executive immediately after the auditor becomes aware of the interest.

(3)A condition may be imposed under subsection (1)(b)—

(a)when the approval is issued or renewed; or

(b)at another time if the chief executive considers it necessary to impose the condition to ensure an audit under this Act is conducted appropriately.

(4)If the chief executive decides to impose conditions on the approval under subsection (3)(b), the chief executive must as soon as practicable give the auditor an information notice for the decision.

455Auditor to comply with conditions of approval

(1)An auditor must not contravene a condition of the auditor’s approval unless the auditor has a reasonable excuse.

Maximum penalty—100 penalty units.

(2)The penalty under subsection (1) may be imposed whether or not the approval is suspended or cancelled because of the contravention.

Division 3Renewal of approvals

456Application for renewal

(1)An auditor may apply to the chief executive for renewal of the auditor’s approval.

(3)The chief executive must consider the application and decide to renew, or refuse to renew, the approval.

(4)In deciding the application, the chief executive may have regard to the matters to which the chief executive may have regard in deciding whether an applicant for an approval is a suitable person to be an auditor.

(5)If the chief executive decides to refuse to renew the approval, or to impose conditions on the approval under section 454
(1)(b), the chief executive must as soon as practicable give the auditor an information notice for the decision.

(6)An approval may be renewed by issuing another approval to replace it.

457Inquiry about application

(1)Before deciding an application under section 456
, the chief executive may, by notice given to the applicant, require the applicant to give the chief executive within the reasonable period of at least 30 days stated in the notice, further information or a document the chief executive reasonably requires to decide the application.

(2)The applicant is taken to have withdrawn the application if, within the stated period, the applicant does not comply with the requirement.

(3)A notice under subsection (1) must be given to the applicant within 30 days after the chief executive receives the application.

(4)The information or document under subsection (1) must, if the notice requires, be verified by statutory declaration.

458Failure to decide application

(1)Subject to subsections (2) and (3), if the chief executive fails to decide the application within 30 days after its receipt, the failure is taken to be a decision by the chief executive to refuse to grant the application.

(2)Subsection (3) applies if—

(a)an auditor has made an application for renewal of the auditor’s approval; and

(b)the chief executive has, under section 457
(1), required the auditor to give the chief executive further information or a document.

(3)The chief executive is taken to have refused to grant the application if the chief executive does not decide the application within 30 days after the chief executive receives the further information or document.

(4)If the application is taken to be refused under this section, the auditor is entitled to be given an information notice by the chief executive for the decision.

459Approval continues pending decision about renewal

(1)If an auditor applies for renewal of an approval under section 456
, the approval is taken to continue in force from the day it would, apart from this section, have ended until the application is decided or, under this part, taken to have been decided or is taken to have been withdrawn.

(2)However, if the chief executive decides to refuse to renew the approval, or is taken to refuse to renew the approval, the approval continues in force until the information notice for the decision is given to the applicant.

(3)Subsection (1) does not apply if the approval is earlier suspended or cancelled.

(3)The approved form of an application mentioned in subsection (1)(a) must make provision for stating details of the applicant’s direct or indirect financial or other interests, if any, in the following that could conflict with the proper performance of an auditor’s functions—

(a)the business of the other party to a compliance agreement;

(b)the business of an accredited certifier who participates in the ICA scheme.

(3)The register may be kept in the form, including electronic form, the chief executive considers appropriate.

(4)The chief executive must publish the register on the department’s website.

Part 2Auditing

Division 1Preliminary

463Purpose of pt 2

The purpose of this part is to provide for—

(a)auditing of compliance agreements and accreditations; and

(b)monitoring the conduct of audits of compliance agreements and accreditations; and

(c)reporting the results of audits.

Division 2Auditing for compliance agreements

464Audit of applicant’s business for entering into compliance agreement

(1)This section applies to a person applying to enter into a compliance agreement.

(2)The chief executive must audit the applicant’s business to ensure that—

(a)the applicant has implemented procedures for the applicant’s business that provide a way for preventing or managing exposure to all biosecurity risks relating to the biosecurity risk matter for the business; and

(b)the applicant can comply with the requirements of the compliance agreement.

465Compliance audits

(1)The other party to a compliance agreement must, unless the other party has a reasonable excuse, have a compliance audit of the other party’s business conducted—

(a)either—

(i)within 6 months after the other party enters into the compliance agreement; and

(ii)after the first compliance audit mentioned in paragraph (a)(i), at intervals of no more than 6 months; or

(b)at the intervals stated in the compliance agreement.

Maximum penalty—100 penalty units.

(2)The chief executive may, in writing, require the other party to a compliance agreement to have an additional compliance audit of the other party’s business conducted within a stated reasonable period after a compliance audit if a noncompliance with the compliance agreement was identified at the compliance audit.

(3)The other party to the compliance agreement must comply with the requirement under subsection (2) unless the other party has a reasonable excuse.

Maximum penalty—100 penalty units.

466Check audit

The chief executive may decide to conduct a check audit of the business of the other party to a compliance agreement if the chief executive considers it appropriate to conduct the audit.

467Nonconformance audit

(1)This section applies if—

(a)the chief executive receives under section 472
, in a period of 1 year, at least 3 audit reports in relation to audits of the business of the other party to a compliance agreement; and

(b)each report shows the other party has not remedied a particular noncompliance in relation to the business.

(2)The chief executive may decide to conduct a nonconformance audit of the business if the chief executive considers it appropriate to conduct the audit.

(3)The nonconformance audit may be conducted by an auditor—

(a)who is an employee of the department; or

(b)decided by the chief executive.

(4)The chief executive may recover the cost of conducting the nonconformance audit as a debt payable by the other party to the State.

Division 3Auditing for accreditation

468Additional compliance audits

(1)This section applies if—

(a)a compliance audit of an accredited certifier’s activities as an accredited certifier is conducted under an accreditation condition or a requirement under subsection (2); and

(b)the compliance audit identified a noncompliance, or more than 1 noncompliance, with the accredited certifier’s accreditation.

Note—

It is an offence for an accredited certifier to contravene an accreditation condition unless the accredited certifier has a reasonable excuse. See section 436
.

(2)The chief executive may, in writing, require—

(a)for each noncompliance with the accreditation identified by the compliance audit—the accredited certifier to have an additional compliance audit conducted of the accredited certifier’s activities related to the noncompliance; and

(b)the additional compliance audit to be conducted within a stated reasonable period.

(3)An additional compliance audit of the accredited certifier’s activities required under subsection (2) may relate to more than 1 noncompliance with the certification.

(4)The accredited certifier must comply with a requirement under subsection (2) unless the accredited certifier has a reasonable excuse.

The chief executive may decide to conduct a check audit of the approved operator’s operation of the approved biosecurity accreditation scheme if the chief executive considers it appropriate to conduct the audit.

(a)the chief executive receives under section 474B
, in a period of 1 year, at least 3 audit reports in relation to audits of an approved operator’s operation of an approved biosecurity accreditation scheme; and

(b)each report shows the approved operator has not remedied a particular noncompliance in relation to operating the scheme.

(2)The chief executive may decide to conduct a nonconformance audit of the approved operator’s operation of the scheme if the chief executive considers it appropriate to conduct the audit.

(3)The nonconformance audit may be conducted by an auditor—

(a)who is an employee of the department; or

(b)decided by the chief executive.

(4)The chief executive may recover the cost of conducting the nonconformance audit as a debt payable by the approved operator to the State.

(1)An auditor must, within 14 days after completing an audit of the business of a person applying to enter into a compliance agreement, give a report about the audit to the following unless the auditor has a reasonable excuse—

(a)the applicant;

(b)the chief executive.

Maximum penalty—100 penalty units.

(2)The report must include all of the following information—

(a)the auditor’s name;

(b)the days the audit started and ended, and the time spent conducting the audit;

(c)the address of, or other information sufficient to identify, the place at which the audit was conducted;

(d)details of the activities audited;

(e)whether, in the auditor’s opinion, the applicant has or has not implemented procedures for the applicant’s business that provide a way for preventing or managing exposure to all biosecurity risks relating to the biosecurity risk matter for the business;

(f)the reasons that the auditor considers the applicant has or has not implemented procedures for the applicant’s business that provide a way for preventing or managing exposure to all biosecurity risks relating to the biosecurity risk matter for the business;

(g)whether, in the auditor’s opinion, the applicant has or does not have the capacity to comply with the requirements of the compliance agreement;

(h)the reasons that the auditor considers the applicant has or does not have the capacity to comply with the requirements of the compliance agreement;

(i)other information prescribed under a regulation.

472Report about audit for compliance, nonconformance or check audit

(1)An auditor must, within 14 days after completing a compliance, nonconformance or check audit of the business of the other party to a compliance agreement, give a report about the audit to the following unless the auditor has a reasonable excuse—

(a)the other party;

(b)the chief executive.

Maximum penalty—100 penalty units.

(2)The report must include all of the following information—

(a)the auditor’s name;

(b)the days the audit started and ended, and the time spent conducting the audit;

(c)the address of, or other information sufficient to identify, the place at which the audit was conducted;

(d)details of the activities audited;

(e)whether, in the auditor’s opinion, the business complies or does not comply with the compliance agreement;

(f)the reasons that the auditor considers the activities comply or do not comply with the compliance agreement;

(g)if the activities do not comply with the compliance agreement—details of action taken, or proposed to be taken, to remedy the noncompliance;

(h)whether, in the auditor’s opinion—

(i)an auditor needs to conduct a nonconformance audit of the business in relation to any noncompliance identified in the audit; or

(ii)the frequency of compliance audits for the business should be changed, and if so, the reasons that the auditor considers the frequency should be changed;

(i)other information prescribed under a regulation.

Division 2Accreditation reports

473Report about audit for grant of accreditation

(1)An auditor must, within 14 days after completing an audit of the applicant’s ICA systems, or proposed ICA systems, relevant to an application for a grant of accreditation, give a report about the audit to the following unless the auditor has a reasonable excuse—

(a)the applicant;

(b)the chief executive.

Maximum penalty—100 penalty units.

(2)The report must include all of the following information—

(a)the auditor’s name;

(b)the days the audit started and ended, and the time spent conducting the audit;

(c)the address of, or other information sufficient to identify, the place at which the audit was conducted;

(e)whether, in the auditor’s opinion, each ICA system or proposed ICA system satisfies the requirements of any operational procedure to which the system is directed;

(f)the reasons that the auditor considers each ICA system or proposed ICA system satisfies or does not satisfy the requirements of any operational procedure to which the system is directed;

(g)other information prescribed under a regulation.

474Report about audit for compliance, nonconformance or check audit

(1)An auditor must, within 14 days after completing a compliance, nonconformance or check audit of an accredited certifier’s activities as an accredited certifier, give a report about the audit to the following unless the auditor has a reasonable excuse—

(a)the accredited certifier;

(b)the chief executive.

Maximum penalty—100 penalty units.

(2)The report must include all of the following information—

(a)the auditor’s name;

(b)the days the audit started and ended, and the time spent conducting the audit;

(c)the address of, or other information sufficient to identify, the place at which the audit was conducted;

(d)details of the activities audited;

(e)whether, in the auditor’s opinion, the activities comply or do not comply with the accreditation;

(f)the reasons that the auditor considers the activities comply or do not comply with the accreditation;

(g)if the activities do not comply with the accreditation—details of action taken, or proposed to be taken, to remedy the noncompliance;

(h)if the accredited certifier participates in the ICA scheme—

(i)whether, in the auditor’s opinion, each of the accredited certifier’s ICA systems satisfies the requirements of any operational procedure to which the system is directed; and

(ii)the reasons that the auditor considers each of the accredited certifier’s ICA systems satisfies or does not satisfy the requirements of any operational procedure to which the system is directed;

(i)whether, in the auditor’s opinion—

(i)an auditor needs to conduct a nonconformance audit of the activities in relation to any noncompliance identified in the audit; or

(ii)the frequency of compliance audits for the activities should be changed, and if so, the reasons that the auditor considers the frequency should be changed;

474A Report about audit for approval to operate approved biosecurity accreditation system

(1)This section applies if an auditor conducts an audit of an applicant’s biosecurity accreditation systems relevant to an application for approval to operate an approved biosecurity accreditation scheme.

(2)The auditor must give a report about the audit to the following persons within 14 days after completing the audit, unless the auditor has a reasonable excuse—

(a)the applicant;

(b)the chief executive.

Maximum penalty—100 penalty units.

(3)The report must include all of the following information—

(a)the auditor’s name;

(b)the days the audit started and ended, and the time spent conducting the audit;

(c)the address of, or other information sufficient to identify, the place at which the audit was conducted;

(1)This section applies if, in conducting a compliance, nonconformance or check audit of the business of the other party to a compliance agreement or of an accredited certifier’s activities as an accredited certifier, an auditor forms a reasonable belief that—

(a)a person has contravened, or is contravening, this Act; and

(b)the contravention poses an imminent and serious biosecurity risk.

(2)The auditor must give details of the facts and circumstances giving rise to the belief to the chief executive.

(3)The auditor must give the details to the chief executive as soon as practicable, and in any case not more than 24 hours, after forming the belief.

Maximum penalty—500 penalty units.

(4)If the auditor complies with subsection (3) by giving the chief executive the details orally, the auditor must, within 24 hours after giving the details orally, give the chief executive notice of the details.

Maximum penalty—500 penalty units.

Part 4Offences about auditing

476Obstructing auditor

(1)A person must not obstruct an auditor in the conduct of an audit, unless the person has a reasonable excuse.

Maximum penalty—100 penalty units.

(2)If a person has obstructed an auditor and the auditor decides to proceed with the conduct of the audit, the auditor must warn the person that—

(a)it is an offence to obstruct the auditor unless the person has a reasonable excuse; and

(1)The holder of a relevant authority may apply to the chief executive to amend the authority—

(a)by amending the conditions of the authority; or

(b)if the authority is an approval of a biosecurity accreditation scheme—by amending the scheme.

(2)The application must—

(a)be in the approved form; and

(b)be accompanied by the fee prescribed under a regulation.

(3)However, if the relevant authority is a prohibited matter or restricted matter permit, the chief executive may waive payment of the fee if the chief executive is satisfied of the matters mentioned in section 214
(6)(a) to (c).

(4)The chief executive must consider the application and decide to amend, or refuse to amend, the authority.

(5)If the chief executive decides to refuse to amend the authority, the chief executive must as soon as practicable give the applicant an information notice for the decision.

(6)If the chief executive decides to amend the authority, the chief executive must as soon as practicable issue to the applicant another relevant authority showing the amendment.

(1)Before deciding the application, the chief executive may, by notice given to the applicant, require the applicant to give the chief executive within the reasonable period of at least 30 days stated in the notice, further information or a document the chief executive reasonably requires to decide the application.

(2)The applicant is taken to have withdrawn the application if, within the stated period, the applicant does not comply with the requirement.

(3)A notice under subsection (1) must be given to the applicant within 30 days after the chief executive receives the application.

(4)The information or document under subsection (1) must, if the notice requires, be verified by statutory declaration.

481Failure to decide application

(1)Subject to subsections (2) and (3), if the chief executive fails to decide the application within 30 days after its receipt, the failure is taken to be a decision by the chief executive to refuse to amend the relevant authority.

(2)Subsection (3) applies if—

(a)the holder of a relevant authority has made an application to amend the authority; and

(b)the chief executive has, under this part, required the applicant to give the chief executive further information or a document.

(3)The chief executive is taken to have refused to amend the authority if the chief executive does not decide the application within 30 days after the chief executive receives the further information or document verified, if required, by statutory declaration.

(4)If the application is taken to be refused under this section, the applicant is entitled to be given an information notice by the chief executive for the decision.

(1)Each of the following is a ground for cancelling or suspending a relevant authority—

(a)the authority was obtained by materially incorrect or misleading information or documents or by a mistake;

(b)the holder of the authority has not paid a fee or other amount payable to the chief executive in relation to the authority;

(c)the holder of the authority has contravened a condition of the authority, whether the condition is included in the authority or is otherwise imposed under this Act;

(d)the holder of the authority has committed—

(i)if the authority is a prohibited matter or restricted matter permit—a relevant biosecurity offence; or

(ii)if the authority is an accreditation—a relevant accreditation offence; or

(iii)if the authority is an approval to operate an approved biosecurity accreditation scheme—an offence against section 436A
or a relevant accreditation offence;

(e)if the authority is a prohibited matter or restricted matter permit, an accreditation or an approval to operate an approved biosecurity accreditation scheme—the chief executive becomes aware that the holder of the authority held a similar authority, however called, in another jurisdiction within the last 2 years and that authority was cancelled;

(f)if the authority is an accreditation or approval of a biosecurity accreditation scheme—the chief executive becomes aware that a circumstance in which a biosecurity certificate may be given under the accreditation or scheme is inconsistent with a legal requirement because the legal requirement, or the circumstance, has changed since the accreditation or approval was originally granted;

Example of a ground for paragraph (f)—

A person conducting a business is accredited to give biosecurity certificates for tomatoes grown and packed at the person’s business premises. Under a corresponding law, Western Australia will accept tomatoes from Queensland only if the tomatoes come from a place more than 100km from an area where melon thrips have been detected. The chief executive becomes aware that melon thrips have been detected 50km from the business premises.

(g)if the authority is an auditor’s approval—

(i)the auditor is not, or is no longer, a suitable person to be an auditor; or

(ii)the auditor does not have the necessary expertise or experience to perform the auditor’s functions; or

(iii)the audits conducted by the auditor have not been conducted honestly, fairly or diligently.

(2)For forming a belief that the ground mentioned in subsection (1)(f)(i) exists, the chief executive may have regard to the matters to which the chief executive may have regard in deciding whether the person is a suitable person to be an auditor.

(3)In this section—

holder, of a relevant authority that is a prohibited matter or restricted matter permit or an accreditation, includes, if the holder is a corporation, a related entity of the holder under the Corporations Act, section 9
.

legal requirement means a requirement under this Act, an intergovernmental agreement or a corresponding law to this Act.

(1)If the chief executive believes a ground exists to cancel or suspend a relevant authority (the proposed action), or if the chief executive proposes to amend a relevant authority (also the proposed action), the chief executive must give the holder of the authority notice under this section (a show cause notice).

(2)The show cause notice must state each of the following—

(a)the proposed action;

(b)the ground for the proposed action;

(c)an outline of the facts and circumstances forming the basis for the ground;

(d)if the proposed action is to suspend the authority—the proposed suspension period;

(e)if the proposed action is to amend the authority—the proposed amendment;

(f)that the holder may, within a stated period (the show cause period), make written representations to the chief executive to show why the proposed action should not be taken.

(3)The show cause period must end at least 28 days after the holder is given the show cause notice.

(4)This section does not apply if the proposed action is to amend an auditor’s approval by imposing a condition under section 454(3)(b).

(i)for a prohibited matter or restricted matter permit—there would be an immediate and serious risk to a biosecurity consideration if the holder of the permit were to continue to deal with prohibited matter or restricted matter; or

(ii)for an accreditation—there would be an immediate and serious risk to a biosecurity consideration, or to the trade in a particular commodity, if the holder of the accreditation were to continue to give biosecurity certificates; or

Example of a circumstance where the chief executive may immediately suspend an accreditation under subparagraph (ii)—

A person conducting a business is accredited to certify the post-harvest treatment of stonefruit with an agricultural chemical in a way consistent with an operational procedure under the ICA scheme. The chief executive becomes aware that the Australian Pesticides and Veterinary Medicines Authority subsequently makes the use of the chemical unlawful due to the risks the chemical poses to human health. The chief executive may suspend the person’s accreditation immediately to avoid potential harm to human health.

(iii)for an approval to operate an approved biosecurity accreditation scheme—there would be an immediate and serious risk to a biosecurity consideration, or to the trade in a particular commodity, if the holder of the approval were to continue to operate the scheme; or

(iv)for an auditor’s approval—there would be an immediate and serious risk to a biosecurity consideration, or to the trade in a particular commodity, if the holder of the approval were to continue to conduct audits.

(2)The suspension—

(a)can be effected only by the chief executive giving an information notice for the decision to the holder, together with a show cause notice; and

(b)operates immediately the notices are given to the holder; and

(c)continues to operate until the earliest of the following happens—

(i)the chief executive cancels the remaining period of suspension;

(ii)the show cause notice is finally dealt with;

(iii)56 days have passed since the notices were given to the holder.

(3)Subsection (4) applies if—

(a)a suspension under this section stops because—

(i)the chief executive cancels the remaining period of suspension; or

(ii)the show cause notice is finally dealt with by a decision being made not to cancel or suspend the relevant authority; or

(iii)56 days have passed since the notices mentioned in subsection (2)(a) were given to the holder; and

(b)the holder has returned the relevant authority to the chief executive as required under section 491.

(4)The chief executive must as soon as practicable give the relevant authority to the holder.

489Amendment of relevant authority without show cause notice—minor amendment

(1)The procedures otherwise required to be followed under this chapter for the amendment of a relevant authority are not required to be followed if—

(a)the chief executive proposes to amend the relevant authority only—

(i)for a formal or clerical reason; or

(ii)in another way that does not adversely affect the interests of the holder of the authority; or

(b)the holder of the relevant authority asks the chief executive to amend the authority other than by formal application under part 2 and the chief executive proposes to give effect to the request.

(2)The chief executive may amend the relevant authority by notice given to the holder.

490Cancellation of relevant authority without show cause notice

(1)The procedures otherwise required to be followed under this chapter for the cancellation of a relevant authority are not required to be followed if the holder of the relevant authority asks the chief executive to cancel the authority and the chief executive proposes to give effect to the request.

(2)The chief executive may cancel the relevant authority by notice given to the holder.

491Return of cancelled, suspended or amended relevant authority

(1)This section applies if the chief executive cancels, suspends or amends a relevant authority under this chapter.

(2)The chief executive may, by notice given to the holder of the authority, require the holder to return the document evidencing the authority to the chief executive within 14 days, or a later stated time.

(3)The holder must comply with the notice, unless the holder has a reasonable excuse for not complying with it.

Maximum penalty—40 penalty units.

(4)If the document for a suspended relevant authority has been returned to the chief executive, the chief executive must return the document to the holder of the relevant authority at the end of the suspension period.

(5)If the document for an amended relevant authority has been returned to the chief executive, the chief executive must return the document to the holder of the relevant authority after amending it.

(6)However, the amendment of a relevant authority does not depend on the document for the authority being returned to the chief executive by the holder of the authority or by the chief executive to the holder of the authority.

(7)The chief executive is not required to return the document for a relevant authority that is cancelled.

Chapter 18Miscellaneous

492Inconsistencies in scientific name or common name for relevant biosecurity matter

(1)This section applies if an authoritative document refers to relevant biosecurity matter by a scientific name or common name that varies in a minor way from the scientific name or common name given to the relevant biosecurity matter under this Act.

(2)The relevant biosecurity matter mentioned in the authoritative document is taken to be the same relevant biosecurity matter under this Act.

(3)In this section—

authoritative document means a document, including a scientific journal, that lists the scientific name or common name of prohibited matter or restricted matter.

relevant biosecurity matter means any of the following—

(a)prohibited matter;

(b)restricted matter;

(c)controlled biosecurity matter;

(d)regulated biosecurity matter.

493Confidentiality of information

(1)This section applies to a person who is, or was—

(a)the chief executive; or

(b)a chief executive officer; or

(c)an inspector; or

(d)an authorised person; or

(e)a director of an invasive animal board; or

(f)a barrier fence employee; or

(g)another person involved in administering this Act or a repealed Act, including, for example, an officer or employee of the department or an employee of a local government.

(2)The person must not disclose confidential information gained by the person in administering or performing a function under this Act or a repealed Act.

Maximum penalty—50 penalty units.

(3)However, the person may disclose confidential information if—

(a)the disclosure is for a purpose under this Act; or

(b)the disclosure is for the purpose of minimising biosecurity risks in the State or another State and the disclosure is to any of the following—

(i)the State;

(ii)a department;

(iii)an entity, established under an Act, that deals with matters relating to biosecurity;

(iv)a local government;

(v)the Commonwealth or another State, or an entity of the Commonwealth or another State; or

(c)the disclosure is with the consent of the person to whom the information relates; or

(d)the disclosure is otherwise required or permitted by law.

(4)In this section—

confidential information means information, other than information that is publicly available—

(a)about a person’s personal affairs or reputation; or

(b)that would be likely to damage the commercial activities of a person to whom the information relates.

494Personal information on register under this Act

(1)This section applies if an administrator is satisfied someone’s personal safety would be put at risk if particular information (for example, the person’s address or other contact details) were included in a register that the administrator is required to keep under this Act.

(2)The administrator must ensure the information is not included in—

(a)a part of the register that is available to the public; or

(b)a copy of information from the register, whether or not the information is from a part of the register that is available to the public.

(3)If a provision of this Act requires or permits the information to be published on a website, the administrator must, despite the provision, ensure the information is not published on the website.

(1)The chief executive may delegate the chief executive’s functions and powers under this Act to an appropriately qualified public service employee.

(2)Subsection (1) does not apply to the following functions and powers of the chief executive—

(a)making an emergency prohibited matter declaration;

(b)making a biosecurity emergency order;

(c)making a movement control order;

(d)acting under the authority of biosecurity zone regulatory provisions to provide for either or both of the following—

(i)the establishment of particular areas within a biosecurity zone;

(ii)the application, in relation to areas mentioned in subparagraph (i), or areas otherwise established under the biosecurity zone regulatory provisions, of lesser restrictions than would otherwise apply under the biosecurity zone regulatory provisions;

(e)authorising a surveillance program or a prevention and control program.

496Protecting officials from liability

(1)An official does not incur civil liability for engaging, or for the result of engaging, in conduct under this Act.

(a)if the official is the chief executive officer of a local government, an authorised person appointed by the chief executive officer of a local government or a person acting under the direction of an authorised person appointed by the chief executive officer of a local government—the local government; or

(b)otherwise—the State.

(3)For this section, it does not matter what is the form of appointment or employment of a person who is a public service officer or public service employee.

(4)If liability attaches to a local government under subsection (2)(a), the local government may recover contribution from the official but only if the conduct was engaged in—

(a)other than in good faith; and

(b)with gross negligence.

(5)If liability attaches to the State under subsection (2)(b), the State may recover contribution from the official but only if the conduct was engaged in—

(a)other than in good faith; and

(b)with gross negligence.

(6)In a proceeding under subsection (4) or (5) to recover contribution, the amount of contribution recoverable is the amount found by the court to be just and equitable in the circumstances.

civil liability includes liability for the payment of costs ordered to be paid in a proceeding for an offence against this Act.

conduct means an act or an omission to perform an act.

engage in conduct under this Act means engage in conduct as part of, or otherwise in connection with, a person’s role, as an official, under the Act
, including, for example, engaging in conduct under or purportedly under the Act
.

Example of an official engaging in conduct under this Act—

an official making a decision in relation to an application for registration of a registrable biosecurity entity

(1)Unless there is a determination by the Supreme Court that the chief executive’s decision to make a biosecurity response instrument is affected by jurisdictional error, a relevant matter—

(a)is final and conclusive; and

(b)can not be challenged, appealed against, reviewed, quashed, set aside or called into question in another way, under the Judicial Review Act 1991
or otherwise (whether by the Supreme Court, another court, a tribunal or another entity); and

(c)is not subject to any writ or order of the Supreme Court, another court, a tribunal or another entity on any ground.

(2)Without limiting subsection (1), a person may not bring a proceeding for an injunction, or for any writ, declaration or other order, to stop or otherwise restrain the performance of a relevant act.

(3)This section does not stop a person from bringing a proceeding to recover damages for loss or damage caused by—

(a)a negligent act or omission in the performance of an act; or

(b)an unlawful act.

(4)Subsection (5) applies if the Supreme Court makes a determination of jurisdictional error as mentioned in subsection (1).

(5)Without limiting what the court may take into account in deciding whether to make an order, or the terms of any order it may make, the court may take into account any of the following—

(a)the ability of the court to assess the level of the biosecurity risk at which the biosecurity response instrument is directed;

(b)the effect that an order of the court would have on preventing the impact on a biosecurity consideration of a biosecurity risk;

(c)the urgency of the matter the subject of the biosecurity response instrument;

(d)the desirability of the court delaying the issue of an order that would prevent implementation of the chief executive’s decision for a period sufficient to allow the emergency nature of the circumstances to abate.

(6)In this section—

biosecurity response instrument means an emergency prohibited matter declaration, a biosecurity emergency order or a movement control order.

decision includes—

(a)conduct engaged in to make a decision; and

(b)conduct related to making a decision; and

(c)failure to make a decision.

relevant act means an act directed or authorised, or purportedly directed or authorised, under a biosecurity response instrument as made or purportedly made.

relevant matter means—

(a)the chief executive’s decision to make a biosecurity response instrument; or

(b)the making or purported making of a biosecurity response instrument; or

(c)a biosecurity response instrument as made or purportedly made; or

(d)the performance or purported performance of a relevant act; or

(e)an obligation to perform a relevant act.

499Service of documents

(1)If a document is required or permitted under this Act to be given to a person, the document may be given to the person by facsimile transmission directed and sent to—

(a)the last transmission number given to the giver of the document by the person as the facsimile transmission number for service of documents on the person; or

(b)the facsimile transmission number operated—

(i)at the address of the person last known to the giver of the document; or

(ii)if the person is a corporation, at the corporation’s registered office under the Corporations Act; or

(2)A document given under subsection (1) is taken to have been given on the day the document is transmitted.

500Application of Acts to local governments

This Act and, for the purposes of this Act, other Acts apply to a local government in the same way as they apply to a body corporate.

501Review of Act

The Minister must review the efficacy and efficiency of this Act within 3 years after its commencement.

502Approval of forms

The chief executive may approve forms for use under this Act.

503Regulation-making power

(1)The Governor in Council may make regulations under this Act.

(2)A regulation may be made about the following—

(a)fees payable under this Act;

(b)ways in which a person’s general biosecurity obligation can be discharged to prevent or minimise a biosecurity risk;

(c)measures to prevent or control the spread of biosecurity matter;

(d)ways of destroying, demolishing or disposing of biosecurity matter or a carrier;

(e)maximum acceptable levels of contaminants in carriers;

(f)declarations of entities as invasive animal boards;

(g)imposing a penalty of no more than 20 penalty units for contravention of a provision of a regulation.

Chapter 19Repeal, savings and transitional provisions

Part 1Repeal of Acts

504Repeal of Acts

The following Acts are repealed—

(a)Agricultural Standards Act 1994, No. 79;

(b)Apiaries Act 1982, No. 29;

(c)Diseases in Timber Act 1975, No. 49;

(d)Exotic Diseases in Animals Act 1981, No. 13;

(e)Plant Protection Act 1989, No. 14;

(f)Stock Act 1915, 6 Geo 5, No. 16.

Part 2Savings and transitional provisions

Division 1General transitional matters

Subdivision 1Purposes and definitions

505Main purposes of pt 2

The main purposes of this part are—

(a)to provide for provisions of this Act that are substantially the same as repealed provisions of a repealed Act or the amended Act to be dealt with as replacements of the repealed provisions; and

(b)without limiting paragraph (a), if a matter was dealt with in a repealed Act or the amended Act, by providing for something to be dealt with under the repealed Act or the amended Act, to provide for the continuation of the matters under this Act; and

(c)to provide for matters that were not dealt with in a repealed Act or the amended Act that are dealt with under this Act.

corresponding provision, for a previous provision of a repealed Act or the amended Act, means a provision of this Act that is substantially the same as or equivalent to the previous provision of the repealed Act or the amended Act.

made includes given and issued.

obligation includes duty.

previous, for a stated provision of a repealed Act or the amended Act that includes a number, means the provision of the repealed Act or the amended Act with that number immediately before the commencement.

previous provision, of a repealed Act or the amended Act, means a provision of the repealed Act or the amended Act, as in force immediately before the commencement.

protection includes a statement to the effect of any of the following—

(a)a document made or kept under a previous provision of a repealed Act or the amended Act if the document continued to have effect or was in force immediately before the commencement;

(b)an action done under a previous provision of a repealed Act or the amended Act if the action continued to have effect immediately before the commencement;

(c)an entity’s obligation under a previous provision of a repealed Act or the amended Act if the obligation applied to the entity immediately before the commencement;

(d)an entity’s protection under a previous provision of a repealed Act or the amended Act that applied to the entity immediately before the commencement.

(2)Subject to a specific provision of this Act in relation to the document, action, obligation or protection, if there is a corresponding provision for the previous provision, the document, action, obligation or protection—

(a)continues in force or to have effect according to its terms; and

(b)may be taken to have been made, kept or done under the corresponding provision.

(3)Subsection (2)(b) applies whether or not the previous provision refers to the document, action, obligation or protection by reference to a provision of the repealed Act or the amended Act.

(1)This section applies to a thing (the thing) that happened under an Act other than a repealed Act or the amended Act but that, under a previous provision of a repealed Act or the amended Act, continued to have effect.

(2)If the thing is in effect immediately before the commencement, the thing continues to have effect under this Act.

(3)Matters in relation to the thing are to be done under this Act unless a previous provision of a repealed Act or the amended Act provides otherwise, and for that purpose, the provision continues to have effect.

(4)This section does not limit section 507 or another provision of this part about the thing.

509Terminology in things mentioned in s 507(1)

(1)This section applies to a document (the relevant document) that is—

(a)a document mentioned in section 507(1); or

(b)evidence of a document, action, obligation or protection mentioned in section 507(1).

(2)A reference in the relevant document to a document, action, obligation or protection mentioned in section 507(1) is to be read, if the context permits and with the necessary changes to terminology, as if the document, action, obligation or protection were made, kept, done or otherwise provided for under this Act.

Example for subsection (2)—

An instrument of appointment given under a repealed Act by the chief executive to an inspector limiting the powers of the inspector is to be read as if the instrument limited the powers of the inspector under this Act.

510Period stated in previous provision

(1)This section applies if, in a previous provision of a repealed Act or the amended Act, there is a period for doing something, and the period for doing the thing started but did not finish before the commencement.

(2)If there is a corresponding provision to the previous provision of the repealed Act or the amended Act and both the corresponding provision and the previous provision provide for the same period, the period for doing the thing continues to have started from when the period started under the previous provision but ends under the corresponding provision.

511Period or date stated in document given under previous provision

(1)This section applies if—

(a)a previous provision of a repealed Act or the amended Act provided for a document to be made under it; and

(b)there is a corresponding provision to the previous provision; and

(c)under the previous provision and before the commencement, a document was given to a person, whether or not the person had received the document before the commencement.

Example for paragraph (c)—

a notice under the Stock Route Management Act 2002
, previous section 270
, that states a period within which a person who is in control of a thing to be seized must take the thing to a place stated in the notice

(2)If the document stated a period for doing something—

(a)the stated period continues to apply for doing the thing; and

(b)the period continues to have started from when the period started under the previous provision of the repealed Act or the amended Act.

(3)If the document stated a day before which, or by which, a thing is to be done (however expressed), the thing must be done by the stated day.

512Action happening before commencement may be relevant to proceeding for particular acts or omissions

(1)An action mentioned in section 507(1)(b) is not precluded from having relevance to a proceeding relating to a contravention of a provision of this Act involving an act or omission that happened after the commencement.